Opinion
November 27, 1978
In a proceeding pursuant to CPLR article 78, inter alia, to require the appellant to reinstate the petitioner as a tenured teacher in appellant's school district, the appeal is from a judgment of the Supreme Court, Nassau County, dated January 19, 1977, which granted the petition. Judgment affirmed, with $50 costs and disbursements. Contrary to the appellant's contention, section 3813 Educ. of the Education Law is not applicable since petitioner seeks to vindicate the public interest in the enforcement of tenure rights (see Union Free School Dist. No. 6 of Towns of Islip Smithtown v New York State Human Rights Appeal Bd., 43 A.D.2d 749, affd 35 N.Y.2d 371, mot for rearg den 36 N.Y.2d 807; Ruocco v Doyle, 38 A.D.2d 132; but cf. Flanagan v Board of Educ., 63 A.D.2d 1013 ; Matter of Grey v Board of Educ., 60 A.D.2d 361). Regarding petitioner's tenure status we find that she never lost the tenure she acquired in 1966. Under the circumstances existent in this case petitioner did not lose her tenure when she accepted a part-time position. Latham, J.P., Titone, Margett and Hawkins, JJ., concur.