Mitchell v. Board of Education

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondents which denied the petitioner’s request that he be appointed to the civil service position of Area Manager of School Maintenance, the petitioner appeals from a judgment of the Supreme Court, Kings County (Golden, J.), dated November 3, 1995, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

As a result of budgetary constraints, the respondents were authorized to eliminate two of four competitive civil service area manager positions (see, Matter of Saur v Director of…