Appellate Division of the Supreme Court of the State of New York April 12, 1979 (Banko v. Bahou)

Appeal from a judgment of the Supreme Court at Special Term, entered May 11, 1978 in Albany County, which dismissed petitioners’ application in a proceeding pursuant to CPLR article 78. Petitioners, right of way agents employed by the Department of Transportation, were demoted in 1976 to lower grade positions due to budgetary restraints within the department.