Pasquarelli v. Arlington Central School District

*435OPINION OF THE COURT

Joseph Jiudice, J.

The petitioner has initiated this CPLR article 78 proceeding claiming that her acceptance of a half-day kindergarten position did not constitute a waiver of her seniority and tenure rights and that the district’s refusal to allow her to return to full-time work, while at the same time hiring new teachers to full-time work within the elementary tenure area constitutes a violation of her seniority rights.

The respondent has moved to dismiss the petition on the basis of objections in point of law.

The petitioner had been employed as a full-time tenured teacher…