Mottironi v. Axelrod

Appeal from a judgment of the Supreme Court (Connor, J.), entered September 18, 1986 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to reinstate her to the position of Research Physician I.

Petitioner was a research physician employed by the Department of Health when, on September 10, 1985, she was notified that her position, Research Physician I (Immunology), was to be abolished for budgetary reasons effective October 1, 1985. Petitioner was advised of her right to "retreat” to the position of Research Physician III, but she declined.…