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MTR OF COLE v. BD OF EDUC

90 A.D.2d 419 (1982)

In the Matter of Dorothy M. Cole et al., Respondents, v. Board of Education, South Huntington USFD, et al., Appellants

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

December 20, 1982

Attorney(s) appearing for the Case

James R. Sandner (Noel D. Cohen of counsel), for individual teachers, appellants.

Winick, Ginsberg, Ehrlich, Reich & Hoffman (Lawrence W. Reich of counsel), for Board of Education, appellant.

Frederic Block, P. C. (Eugene L. Wishod of counsel), for respondents.

McGivern, Shaw & O'Connor (Norman H. Gross of counsel), for the New York State School Boards Association, Inc., amicus curiae.

MOLLEN, P. J., DAMIANI and BRACKEN, JJ., concur.

TITONE, J.

A school district which abolishes a position for economic reasons is required by statute to discontinue "the services of the teacher having the least seniority in the system within the tenure of the position abolished" (Education Law, § 2510, subd 2; § 2585, subd 3;1 Steele v Board of Educ., 40 N.Y.2d 456, 462). After...

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