Appellate Division of the Supreme Court of the State of New York January 26, 2010 (Ferencik v. Board of Education of Amityville Union Free School District)

The petitioner’s position as an art teacher in the Amityville Union Free School District (hereinafter the district) was abolished in 1992, and she was rehired by the district in 2001. In 2007 she commenced this proceeding alleging that in 2006, she became aware that an art position had become available in 1994 for which she should have been appointed pursuant to Education Law § 3013 (3) (a).