Fehlhaber v. Board of Education

*1634Appeal from a judgment (denominated order and judgment) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered April 6, 2011 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Respondent Board of Education of Utica City School District (Board) employed petitioner as a tenured teacher until 1997, then as “Clerk of the Works,” and most recently as Superintendent of Buildings and Grounds. In 2010, the Board eliminated the position of Superintendent…