Avila v. Board of Education

OPINION OF THE COURT

Thomas P. Phelan, J.

This CPLR article 78 proceeding seeks to compel the Board of Education of the North Babylon Union Free School District *762to, inter alia, appoint petitioner to a full-time English teaching position which became available on July 1, 1995.

The issue raised is whether the appointment of a tenured teacher from the preferred eligible list to a part-time position followed by the subsequent abolition of that part-time position acts to renew the seven-year period in which a teacher has preferred eligible rights pursuant to Education Law § 2510 (3) (a).

Education Law…