Abrams v. Ambach

(dissenting) : This case is not controlled by Matter of Baron v. Mackreth (30 A D 2d 810, affd. 26 N Y 2d 1039). In Baron a full-time position was abolished and, subsequently, not one, but several part-time teachers were hired to perform the same duties. In the instant case, a full-time position was abolished for reasons of economy and change in emphasis of a drug program, resulting in a part-time position serving the new requirements with compensation being on a per diem basis. The Baron case violated tenure rights; this ease does not. Nor is there anything to indicate that the respondent…