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MATTER OF DAVIS v. MILLS

285 A.D.2d 703 (2001)

726 N.Y.S.2d 808

In the Matter of MAXINE DAVIS, Appellant, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2001.

Carpinello, J.

Petitioner, who was employed as a tenured school psychologist by respondent Board of Education of the Westport Central School District, claimed that when the school psychologist position was abolished, she was entitled to be appointed to the newly created position of elementary counselor with no reduction in salary (see, Education Law § 2510 [1]). Upon her administrative appeal, respondent Commissioner of Education rejected her claim, and...

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