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MATTER OF SPEICHLER v. BOCES

90 N.Y.2d 110 (1997)

681 N.E.2d 366

659 N.Y.S.2d 199

In the Matter of Mindy Speichler, Appellant, v. Board of Co-Operative Educational Services, Second Supervisory District, Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1997.

Attorney(s) appearing for the Case

Richard Charles Hamburger, P. C., Melville (Richard Hamburger, Lane T. Maxson and David H. Pearl of counsel), for appellant.

Rains & Pogrebin, P. C., Mineola (Richard G. Kass and David M. Wirtz of counsel), for respondent.

James R. Sandner, New York City, and Paul H. Janis for New York State United Teachers, amicus curiae.

Judges TITONE, BELLACOSA, CIPARICK and WESLEY concur with Chief Judge KAYE; Judge LEVINE dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.

Chief Judge KAYE.

Pursuant to Education Law § 2509 (1) (a), a teacher can apply service as a "regular substitute" toward completion of the three-year probationary term required for tenure. At issue here is whether a teacher can be credited for the time he or she substitutes for a teacher who is on leave for an indefinite period. We conclude that the ambiguous statutory term "regular substitute" should be...

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