Opinion
July 11, 1986
Appeal from the Supreme Court, Niagara County, Ostrowski, J.
Present — Doerr, J.P., Boomer, Green, Pine and Lawton, JJ.
Judgment unanimously affirmed, without costs. Memorandum: Petitioner was appointed to a three-year probationary term as junior high school vice-principal on September 28, 1981. She was laid off in 1982 for a period of 23 days. On October 9, 1984, she was notified by the Superintendent that her employment would terminate as of October 21, 1984 by reason of the expiration of her probationary period. The Board of Education took no action in granting petitioner tenure.
Petitioner did not acquire tenure by estoppel because she did not serve beyond the term of her probationary appointment (Matter of Mugavin v Nyquist, 48 N.Y.2d 727, affd 39 N.Y.2d 1003; Matter of Lindsey v Board of Educ., 72 A.D.2d 185; Matter of Hagen v Board of Educ., 59 A.D.2d 806), which was properly extended by the period petitioner was laid off (see, Matter of Agresti v Buscemi, 34 A.D.2d 983, affd 28 N.Y.2d 984; Matter of Pascal v Board of Educ., 100 A.D.2d 622). Contrary to petitioner's claim, a probationary period is measured by the calendar year, not the school year (see, General Construction Law § 58; Matter of Mugavin v Nyquist, supra; Matter of Grace v Board of Educ., 19 A.D.2d 637; Matter of Baronoff v Board of Educ., 72 Misc.2d 959). Petitioner was not "stigmatized" because no charges were made or published which adversely affected her reputation or integrity and, therefore, she was not entitled to a hearing (see, Matter of Lutwin v Alleyne, 58 N.Y.2d 889, 891; Matter of Petix v Connelie, 47 N.Y.2d 457, 459; Goetz v Windsor Cent. School Dist., 698 F.2d 606 [2d Cir 1983]; see also, Matter of Lezette v Board of Educ., 35 N.Y.2d 272, 278). Petitioner's claim regarding alleged discrimination on account of sex is not supported in the record and is more appropriate for consideration by the New York State Division of Human Rights (see, Executive Law § 296 [a]).