In February 1994, second interviews were held. As a result of these interviews, petitioners Cohen, Eisenstein and Nealis were selected for the third level of interviews. The selection process was then halted due to budget constraints. This appeal followed. Petitioners claim respondent failed to comply with Education Law '' 2570 and 2573 by failing to fill the vacancy.
Respondents contend that they now intend to fill the vacancy.
Appointments shall be made from appropriate eligible lists to fill all existing vacancies not later than six months from the date of the existence of such vacancy, except that the board of education may defer such appointments until the opening of school following the expiration of such six month period. The record reflects that the position in question became vacant in June 1992. The six month grace period in which to fill the vacancy ended during the 1992-93 school year. Respondents were authorized by statute to defer the appointment until the opening of school following the expiration of the six months, which was January 1993. Accordingly, since respondents did not fill the vacancy by January 1993, I find that respondents are not in compliance with Education Law ' 2573.