IN RE: Lorraine CASTLE (2000)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Lorraine CASTLE, appellant, v. BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF PUTNAM AND WESTCHESTER COUNTIES, et al., respondents.

Decided: February 07, 2000

DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN and ROBERT W. SCHMIDT, JJ.

James R. Sandner, New York, N.Y. (Melinda G. Gordon of counsel), for appellant. Plunkett & Jaffe, P.C., White Plains, N.Y. (Phyllis S. Jaffe of counsel), for respondents.

In a proceeding pursuant to CPLR article 78 to compel the respondents to pay her salary, retirement contributions, seniority, and all other benefits and emoluments of employment for the period of September 2, 1997, through October 14, 1997, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Fredman, J.), entered November 17, 1998, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

The petitioner contends that, in the aggregate, the work done by the two per diem school psychologists hired by component school districts would have provided her with a full-time position to which she was entitled. We agree with the Supreme Court that, under the circumstances, no “vacancy” existed within the meaning of Education Law § 3013(3) which entitled the petitioner to be recalled (see, Matter of Zurlo v. Ambach, 75 A.D.2d 662, 426 N.Y.S.2d 191, affd. 53 N.Y.2d 1035, 442 N.Y.S.2d 486, 425 N.E.2d 874).

MEMORANDUM BY THE COURT.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law