
    In the Matter of L. Aldazabal et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v Hugh Carey, as Governor of the State of New York, et al., Respondents.
    Argued March 28, 1978;
    decided April 27, 1978
    
      APPEARANCES OF COUNSEL
    
      Jeffrey Plant for appellants.
    
      Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for respondents.
   OPINION OF THE COURT

Memorandum.

Order affirmed.

On the record here, we cannot say that the Parks and Recreation Commission acted arbitrarily or capriciously or otherwise contrary to law in deciding that the problems it faced as a consequence of budgetary constraints and the statutory imposition of newly mandated training requirements for its police force (Executive Law, art 35) could best be met by limiting its park policemen to those engaged on a permanent basis, by abolishing the position of seasonal park policeman and by creating a new lower grade position of parks and recreation assistant with differing duties. Specifically, petitioners did not carry their burden of proving their assertion that, in doing so, the respondents were engaged in a bad faith effort to circumvent the Civil Service Law (cf. Matter of Wipfler v Klebes, 284 NY 248, 255).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.  