Conway v. Carey

It is the duty of a department head to eliminate unnecessary positions. (People ex rel. Vineing v. Hayes, 135 App. Div. 19; People ex rel. Kaufman v. Board of Education, *375166 id. 58; People ex rel. Chappel v. Lindenthal, 173 N. Y. 524.) However, upon the evidence adduced at the trial there was some proof that petitioner’s civil service position, with compensation at the rate of $4,500 per annum, was abolished, not for reasons of economy, but to make way for the appointment of another to the newly created exempt position of engineering assistant to the commissioner, paying a salary of…