Thorenz v. Board of Education of the Monticello Central School District

*1564Thereafter, correctly noting that “In-School Suspension” was not a legally authorized special subject tenure area (see 8 NYCRR 30-1.8), petitioner commenced this CPLR article 78 proceeding, contending that her discontinuance was unlawful and that, pursuant to 8 NYCRR 30-1.2 (b) (2), she should be reinstated, this time to a position teaching in the physical education and recreation tenure area (see 8 NYCRR 30-1.8 [a] [12]), an area in which she holds a teaching certificate. Supreme Court partially granted the Board’s motion for summary judgment dismissing the petition against it. However,…