Opinion
January 9, 1995
Appeal from the Supreme Court, Suffolk County (Oshrin, J.).
Ordered that judgment is affirmed, with costs.
The petitioners were employed as teachers in the Business Education Department of the senior high school of the Central Islip Union Free School District (hereinafter the School District). The petitioners' teaching positions were abolished effective June 30, 1991. Margaret Harvey was employed in the mostly administrative and supervisory position of Business Department Coordinator, which was also abolished on that date. Prior to her appointment as Coordinator of the Business Department, Ms. Harvey held a teaching position in the Business Education Department, which she left voluntarily. Upon the abolishment of their positions, in accordance with Education Law § 2510 (3) (a), the petitioners and Ms. Harvey were placed on a preferred list of eligible candidates for appointment to present or future vacancies in an office or in positions similar to the ones that they had filled. Effective September 1, 1991, the School District created a new full-time teaching position in the Business Education Department and appointed Ms. Harvey to that position.
The Supreme Court properly annulled Ms. Harvey's appointment to the newly created teaching position. Unlike the petitioners, Ms. Harvey did not occupy a position similar to the new position when she was placed on the preferred list of eligible candidates (see, Greenspan v. Dutchess County Bd. of Coop. Educ. Servs., 96 A.D.2d 1028; Matter of Dinan v. Board of Educ., 74 A.D.2d 922; see also, Matter of Jester v. Board of Educ., 109 A.D.2d 1004). Sullivan, J.P., Thompson, Copertino and Pizzuto, JJ., concur.