Dubin v. Macchiarola

— In a proceeding pursuant to CPLR article 78 to compel petitioner’s appointment as a regular social studies teacher, the appeal is from a judgment of the Supreme Court, Kings County, dated May 16, 1980, which, inter alia, granted the petition and denied appellant’s cross motion to dismiss the petition. Judgment reversed, on the law, without costs or disbursements, cross motion granted and petition dismissed. Petitioner seeks appointment to a permanent teaching position pursuant to section 2590-j (subd 9, par [a], cl [2]) of the Education Law, retroactive to September 5, 1979. That section…