MATTER OF BARBACCIA v. BOARD OF EDUCATION OF LOCUST VALLEY CENTRAL SCHOOL DISTRICT


282 A.D.2d 674 (2001)

723 N.Y.S.2d 407

In the Matter of TORE BARBACCIA, Appellant, v. BOARD OF EDUCATION OF LOCUST VALLEY CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided April 23, 2001.


Ordered that the judgment is affirmed, with costs.

The petitioner failed to demonstrate that he performed the "services of a regular substitute" (Matter of Speichler, 90 N.Y.2d 110). The Supreme Court properly concluded that the petitioner, who had been hired as an "English/Social Studies permanent per diem substitute," was not entitled to credit for the disputed term (see, Education Law § 2509 [1] [a]; Matter...

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