MATTER OF CASTLE v. BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF PUTNAM AND WESTCHESTER COUNTIES


269 A.D.2d 394 (2000)

703 N.Y.S.2d 203

In the Matter of LORRAINE CASTLE, Appellant, v. BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF PUTNAM AND WESTCHESTER COUNTIES et al., Respondents.

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

Decided February 7, 2000.


Ordered that the judgment is affirmed, with costs.

The petitioner contends that, in the aggregate, the work done by the two per diem school psychologists hired by component school districts would have provided her with a full-time position to which she was entitled. We agree with the Supreme Court that, under the circumstances, no "vacancy" existed within the meaning of Education Law § 3013 (3) which entitled the petitioner to be recalled (see, Matter of Zurlo...

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