Daul v. Board of Education

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in Daul, and the judgment appealed from and order brought up for review in Dionisio, should each be affirmed, with costs.

These article 78 proceedings were commenced by the two most senior teachers on a “preferred eligible list” of the Mahopac Central School District, to challenge respondent’s appointment of one less senior as a substitute for a teacher *865on sick leave. Central to each proceeding is the question whether a vacancy within the meaning of subdivision 3 of section 2510 of the Education Law, entitling those on the…