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MATTER OF DONATO v. BOARD OF EDUCATION OF THE PLAINVIEW—OLD BETHPAGE CENTRAL SCHOOL DISTRICT

286 A.D.2d 388 (2001)

729 N.Y.S.2d 187

In the Matter of LINDA DONATO, Appellant, v. BOARD OF EDUCATION OF THE PLAINVIEW—OLD BETHPAGE CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided August 13, 2001.

Ordered that the judgment is affirmed, with costs.

In 1991 the petitioner's position as Social Studies Chairperson for grades 5 through 8 at the Mattlin Middle School was eliminated for budgetary reasons. She was advised that her name would be placed on a preferred eligible list for reappointment to a similar position in accordance with the Education Law (see, Education Law § 3013 [3] [a]). In 1997 a new position of District-Wide Social Studies Chairperson...

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