Opinion
Submitted May 16, 2000
August 30, 2000.
In a proceeding pursuant to CPLR article 78 to compel the respondent Board of Education of the Freeport Union Free School District to reinstate the petitioner to the position of Coordinator of English Language Arts/Reading, the petitioner appeals from a judgment of the Supreme Court, Nassau County (O'Connell, J.), dated June 15, 1999, which denied the petition and dismissed the proceeding.
Robert Saperstein, Melville, N.Y., for appellant.
Ingerman Smith, LLP, Northport, N.Y. (Lawrence W. Reich and Susan M. Gibson of counsel), for respondents.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
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. of Mahopac Cent. School Dist., 140 A.D.2d 33, 38). In the case at the bar, it is undisputed that the petitioner is certified to teach reading, but not to teach English. Thus, the petitioner lacks the appropriate certification for the position of English Language Arts/Reading Coordinator (see, Matter of Ward v. Nyquist, 43 N.Y.2d 57, 63; Matter of Brown v. Board of Educ., Morrisville-Eaton Cent. School Dist., 211 A.D.2d 887, 888; Matter of Freeman v. Board of Educ. of Hempstead School Dist., 205 A.D.2d 38; Matter of Schimmel v. Board of Educ., S. Kortright Cent. School Dist., 111 A.D.2d 966, 968; Matter of DuBois v. Board of Educ. of N. Rockland Cent. School Dist., 104 A.D.2d 990, 991).