MATTER OF ZURLO v. AMBACH


53 N.Y.2d 1035 (1981)

In the Matter of Joseph Zurlo, Appellant, v. Gordon M. Ambach, as Commissioner of Education of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 11, 1981.


Attorney(s) appearing for the Case

Emanuel Tobachnik, Bernard F. Ashe and Rocco Solimando for appellant.

James H. Whitney, Robert D. Stone and Jean M. Coon for Gordon M. Ambach, respondent.

Thomas C. Mack for Board of Education of Medina Central School District, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

As a physical education teacher whose full-time position was abolished, petitioner was entitled to preference for appointment to a vacancy thereafter occurring in a similar position whether part time or full time (Education Law, § 2510, subd 3). He was accorded that preference by being given a half-time physical education position...

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