In the Matter of Michael W. Wipfler, Respondent, Against Ralph D. Klebes, as City Manager of the City of Elmira, Et…

Summary

The Court of Appeals held that the City of Elmira’s abolition of the City Engineer position was undertaken in good faith and did not violate the New York Constitution’s civil‑service merit provision or the Civil Service Law. Accordingly, the petitioner was not entitled to reinstatement because no other employee was performing substantially similar duties in violation of the statute.