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MATTER OF LEVY v. BOARD OF EDUCATION OF THE FREEPORT UNION FREE SCHOOL DISTRICT

275 A.D.2d 459 (2000)

713 N.Y.S.2d 82

In the Matter of CAROL L. LEVY, Appellant, v. BOARD OF EDUCATION OF THE FREEPORT UNION FREE SCHOOL DISTRICT et al., Respondents.

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

Decided August 28, 2000.

Ordered that the judgment is affirmed, with costs.

Although a teacher seeking reinstatement need not be tenured in the area of the vacant position, the vacant position must be similar to the teacher's former position and the teacher must be legally qualified to teach in the position sought (see, Matter of Mahony v Board of Educ., 140 A.D.2d 33, 38). In the case at the bar, it is undisputed that the petitioner is certified...

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