MATTER OF ENGLAND v. COMM'R OF EDUC. OF THE STATE OF NEW YORK


169 A.D.2d 868 (1991)

In the Matter of Denise England, Appellant-Respondent, v. Commissioner of Education of the State of New York et al., Respondents-Appellants

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

January 3, 1991


Weiss, J.

Petitioner was employed by respondent Board of Education of the Newark Valley Central School District (hereinafter the Board of Education) as a regular substitute teacher on May 29, 1985. When the incumbent, for whom petitioner had substituted, died on June 5, 1985, the position became an unencumbered vacancy in which petitioner continued to work. The Superintendent of Schools wrote petitioner on June 25,

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