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AVILA v. BD. OF EDUC.

169 Misc.2d 761 (1996)

647 N.Y.S.2d 923

In the Matter of Teresa Avila, Petitioner, v. Board of Education of the North Babylon Union Free School District et al., Respondents.

Supreme Court, Nassau County.

September 4, 1996

Attorney(s) appearing for the Case

Kaplowitz & Galinson, Garden City, for petitioner. Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger, Reich & Scricca, L. L. P., Northport, for Board of Education of North Babylon Union Free School District, respondent.

THOMAS P. PHELAN, J.

This CPLR article 78 proceeding seeks to compel the Board of Education of the North Babylon Union Free School District to, inter alia, appoint petitioner to a full-time English teaching position which became available on July 1, 1995.

The issue raised is whether the appointment of a tenured teacher from the preferred eligible list to a part-time position followed by the...

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