
    Edward M. Levine, Respondent, v New York City Transit Authority et al., Appellants.
    Argued January 8, 1980;
    decided February 7, 1980
    
      APPEARANCES OF COUNSEL
    
      Kenneth Howard Schiffrin, Helen R. Cassidy and John A. Murray for appellants.
    
      Lewis R. Friedman, Richard M. Asche, Jack T. Litman and Herman Kaufman for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (70 AD2d 900), and the question certified answered in the affirmative. If section 75 of the Civil Service Law is to function as the Transit Authority suggests, it is the Legislature rather than this court which must so provide.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  