Opinion
February 21, 1995
Appeal from the Supreme Court, Suffolk County (Berler, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly concluded that the petitioner did not acquire tenure by estoppel. The petitioner failed to demonstrate that the Board of Education was required to give him a probationary appointment in the Social Studies tenure area when he was hired as an in-school suspension supervisor. After completing a year in that position, during which time he did not teach Social Studies, the petitioner accepted a new appointment as a probationary Social Studies teacher. Under the circumstances, he was not entitled to credit the year he served as an in-school suspension supervisor toward completion of his three-year probationary term as a Social Studies teacher. Since the petitioner was denied tenure during his probationary period, he did not acquire tenure by estoppel (compare, Matter of Gould v. Board of Educ., 81 N.Y.2d 446; Ricca v. Board of Educ., 47 N.Y.2d 385). Miller, J.P., Thompson, Santucci and Joy, JJ., concur.