43 A.D.2d 893 | N.Y. App. Div. | 1974
Judgment unanimously affirmed, with costs. Memorandum: Petitioner retired from the teaching profession on June 30, 1961. In September, 1962 she was hired as an elementary school teacher by the respondent board under a first year probationary contract for the school year beginning July 1, 1962. She entered into a similar second year probationary contract for the school year beginning July 1,1963 and a third year probationary contract for the school year beginning July 1, 1964. At the termination of the three years of probationary appointments, the recommendation of the Superintendent that she be given tenure effective September 1, 1965 was approved by the respondent board. At the timé of each appointment by respondent section 503 of the Education Law provided that if a retired teacher receiving a retirement allowance returned to active service, payments of her retirement allowance were suspended during the time she was in active service. While section 211 of the Retirement and Social Security Law effective July 1, 1964 requires the approval of the Commissioner of Education upon a showing that there are not readily available other qualified persons, as a prerequisite to the employment by a school district of a “retired person ”, the record does not
