Lilley v. Mills

—Spain, J.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered August 27,1999 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Education terminating petitioner’s employment and denying him tenure.

In October 1993, petitioner, a certified school psychologist, was employed by respondent George Junior Republic Union Free School District (hereinafter the District) to replace a part-time, per diem school psychologist. He was informed that as a result of low enrollment,…