Raben v. Board of Education

OPINION OF THE COURT

Vincent J. Hand, J.

The petitioners, in this CPLR article 78 proceeding, seek a *885judgment ordering that the petitioners be reinstated and appointed to positions as full-time elementary school teachers retroactive to June 30, 1988 and ancillary relief.

On May 26, 1981, the two petitioners were terminated, effective June 30, 1981, as elementary school teachers by the respondent Board of Education, based upon declining enrollment.

Education Law § 2510 (3) provided for petitioners’ preferential rights to reinstatement and appointment as elementary school teachers, upon…