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Hull v. Board of Education of the Central Islip Union Free School District
Citations: 211 A.D.2d 635; 620 N.Y.S.2d 498; 1995 N.Y. App. Div. LEXIS 96
Court: Appellate Division of the Supreme Court of the State of New York; January 8, 1995; New York; State Appellate Court
A proceeding under CPLR article 78 was initiated to challenge the Central Islip Union Free School District's Board of Education's decision appointing Margaret Harvey to a newly created teaching position effective September 1, 1991. The Supreme Court, Suffolk County, ruled on May 19, 1993, to vacate this appointment, a decision that has been affirmed with costs awarded. The petitioners, who were teachers in the Business Education Department at the senior high school, had their positions abolished on June 30, 1991, along with Ms. Harvey's role as Business Department Coordinator. Following the abolishment, they were placed on a preferred list for future vacancies according to Education Law § 2510 (3)(a). When a new full-time teaching position was created in the Business Education Department, Ms. Harvey was appointed, but the court annulled this appointment, determining that she did not hold a position similar to the newly created role when placed on the preferred list, contrasting her situation with that of the petitioners. The decision cites relevant case law to support the judgment.