Appellate Division of the Supreme Court of the State of New York January 28, 2010 (Lee v. Albany-Schoharie-Schenectady-Saratoga Board of Cooperative Educational Services)

Garry, J.

In 1989, petitioner was appointed to a permanent competitive position with respondent Albany-Schoharie-Schenectady-Saratoga Board of Cooperative Educational Services (hereinafter BOCES). In 1994, she resigned to accept a provisional appointment to a different position. She continued at BOCES in this provisional position for the next 12 years.