Opinion
May 26, 1987
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the judgment is affirmed, with costs.
A teacher is entitled to a probationary position until his or her ouster is lawfully effected (Matter of Golomb v. Board of Educ., 92 A.D.2d 256), and under Education Law § 2573 (1) (a), a probationary teacher's services may be discontinued at any time during his or her probationary period, on the recommendation of the superintendent of schools, by a majority vote of the Board of Education, or by the Chancellor as its designee (Matter of Brown v. Board of Educ., 42 A.D.2d 702, lv denied 34 N.Y.2d 519). In light of the fact that the Chancellor rejected the recommendation by the Superintendent of the Bronx High Schools that the petitioner's services be terminated, no lawful ouster was ever effected and the petitioner is accordingly entitled to retroactive reinstatement to his position, along with retroactive seniority credit, back pay and benefits from his unlawful ouster on September 4, 1984, until his reinstatement on March 25, 1985. Weinstein, J.P., Eiber, Spatt and Sullivan, JJ., concur.