Petitioner held a tenured position as Director of the Department of Continuing Education with respondent. On April 4, 1979, the BOCES board voted to abolish the position and terminated petitioner, effective July 1, 1979. Petitioner's duties were distributed on a fractional basis among five existing employees. Petitioner elected to commence a CPLR article 78 proceeding to annul the decision and compel his reinstatement instead of prosecuting an appeal to the Commissioner of...
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