Green v. Board of Education

*313OPINION OF THE COURT

Birns, J.

In this CPLR article 78 proceeding, petitioner, a tenured civil servant employed by Community School District No. 9, seeks reinstatement to his position as District Business Officer within that district or to a similar position in the New York City education system, and salary retroactive to November 30, 1978.

Petitioner was appointed to that position by the community school board in October, 1970. In March, 1975, he was charged by the community superintendent of said district under subdivision 7 of section 2590-j of the Education Law with “incompetent * * *…