92 A.D.2d 1052 | N.Y. App. Div. | 1983
Appeal from a judgment of the Supreme Court at Special Term (Fischer, J.), entered February 16, 1982 in Broome County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, seeking a declaration that the co-ordinators of Social Studies, Math, English, Science, and Foreign Languages are teachers in the teacher tenure area and that they are the least senior members of their tenure areas, and which dismissed as moot respondent co-ordinators’ cross claim for reinstatement to their co-ordinator tenure areas. Due to a decline in student enrollment and for economic reasons MaineEndwell Central School District and its board of education abolished certain teaching positions effective June 30,1981. As a result and pursuant to section 2510 of the Education Law, the services of William Yusavage, Ann Maher, Joyce Fowler, Barbara Maxian and Emile Miller, all teachers, were terminated as the least senior personnel in their teacher tenure area. Respondents Thomas Jones, Fred Edwards, David Kerins, John Cronin and John McDermott are, respectively, co-ordinators of Science, English, Social Studies, Foreign Languages and Math. All were appointed to their positions during the 1960’s. As co-ordinators, they not only performed various administrative duties, such as assisting in determining curriculum and budgets, but they also continued to teach, carrying course loads which sometimes constituted more than 50% of a normal teaching load. By petition dated May 16,1981, petitioners allege that respondent co-ordinators, in 1980 and 1981, carried teaching loads which occupied more than 50% of their time, that they thereby became full-time teachers and that their tenure areas consequently changed from coordinator to teaching. Petitioners assert, therefore, that respondent co-ordinators should have been considered as teachers, beginning in 1980 or 1981, and placed on teacher tenure lists. Respondent co-ordinators then would have been lowest on the teacher tenure lists and terminated. Respondent co-ordinators responded that they devote over 50% of their time to administrative duties, that their administrative and teaching duties had not changed substantially in 1980 or 1981, and that these duties had remained constant since their appointments to their administrative positions. They assert that they are properly within an administrative tenure area, and, if found to be teachers, their seniority should be measured from the date of their respective original appointments. Further, respondent co-ordinators contend that if they are found to be in a tenure area which includes both teaching and administrative duties, such a hybrid tenure area would be separate and distinct from a teaching tenure area. After a hearing held to determine facts raised by the papers, Special Term held that petitioners had failed to meet their burden of proving that respondent board and school district had violated subdivision 2 of section 2510 of the Education Law and dismissed the petition. A cross claim interposed by respondent co-ordinators was also dismissed as moot. This appeal ensued. There should be an affirmance. Respondent board did not violate subdivision 2 of section 2510 of the Education Law
Subdivision 2 of section 2510 provides: “Whenever a board of education abolishes a position under this chapter, the services of the teacher having the least seniority in the system within the tenure of the position abolished shall be discontinued.”