Petitioner demands employment in that position, together with back pay and benefits.
The appeal must be sustained. Petitioner applied for the part-time elementary counselor position, but was not hired. From this agenda, petitioner concludes and alleges that respondent Burnell had become a district employee in that newly created position. Petitioner therefore alleges that pursuant to Education Law 2510 and 3013, she is entitled to be employed by the district to perform the services presently being provided by Burnell. Respondents claim that the board has properly entered into a contract with the Substance Abuse Prevention Team of Essex County, Inc., and that such contract is fully authorized by law and by a prior Commissioner's decision.