Opinion
October 15, 1996.
In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent Board of Education of the Hauppauge Union Free School District to reinstate the petitioner to a Special Education teaching position nunc pro tunc as of November 12, 1991, pursuant to Education Law § 3013 (3), the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated August 14, 1995, which dismissed the proceeding.
Before: Rosenblatt, J. P., Miller, Ritter and Florio, JJ.
Ordered that the judgment is affirmed, with costs.
The petitioner's unexcused delay of almost three and one-half years before making her demand for reinstatement constituted laches, which is a complete defense to this proceeding ( see, Austin v Board of Higher Educ., 5 NY2d 430; Matter of Tilt v Krone, 31 AD2d 561; CPLR 217; see also, Matter of Dionisio v Board of Educ., 128 AD2d 524).