MATTER OF KAYE v. BD. OF EDUC., MERRICK UNION FREE SCH. DIST.


97 A.D.2d 794 (1983)

In the Matter of Gerald Kaye, Appellant, v. Board of Education, Merrick Union Free School District, Respondent

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

November 14, 1983


Judgment reversed, on the law, with costs, and matter remitted to Special Term for further proceedings consistent herewith.

Due to declining enrollments, respondent eliminated four elementary school teacher positions, including petitioner's, effective June 30, 1981. Petitioner and the three senior teachers were placed on a recall list pursuant to section 2510 of the Education Law. The three senior teachers were recalled to full-time positions on August 29, 1981. On...

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