Opinion
October 15, 1984
Appeal from the Supreme Court, Kings County (Pino, J.).
Judgment affirmed, insofar as appealed from, without costs or disbursements.
After reviewing the record, we find that petitioner's period of probationary service commenced on February 1, 1979. There was no undue delay by respondents in appointing petitioner to his position, and accordingly, we decline to hold that he was entitled to receive probationary credit prior to his formal appointment by the Board (cf. Ricca v Board of Educ., 47 N.Y.2d 385). Petitioner therefore could not have acquired tenure by estoppel at the time of his dismissal and his employment was subject to termination upon recommendation of the Superintendent ( Matter of Pascal v Board of Educ., 100 A.D.2d 622). Lazer, J.P., Thompson, Weinstein and Eiber, JJ., concur.