Markon v. Ambach

Appeal from a judgment of the Supreme Court at Special Term, entered July 27, 1975 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Acting Commissioner of Education and to award petitioner tenure as an assistant principal and back salary. The petitioner, a tenured teacher at Enrico Fermi High School in Brooklyn, was assigned in October, 1965 by his principal to perform the duties of an "acting assistant principal”. Subsequently, he passed an examination for the position of assistant principal and, during…