N.Y. Educ. Law § 2510

§ 2510. Abolition of office or position. 1. If the board of education\nabolishes an office or position and creates another office or position\nfor the performance of duties similar to those performed in the office\nor position abolished, the person filling such office or position at the\ntime of its abolishment shall be appointed to the office or position\nthus created without reduction in salary or increment, provided the\nrecord of such person has been one of faithful, competent service in the\noffice or position he has filled.\n 2. Whenever a board of education abolishes a position under this\nchapter, the services of the teacher having the least seniority in the\nsystem within the tenure of the position abolished shall be\ndiscontinued.\n 3. (a) If an office or position is abolished or if it is consolidated\nwith another position without creating a new position, the person\nfilling such position at the time of its abolishment or consolidation\nshall be placed upon a preferred eligible list of candidates for\nappointment to a vacancy that then exists or that may thereafter occur\nin an office or position similar to the one which such person filled\nwithout reduction in salary or increment, provided the record of such\nperson has been one of faithful, competent service in the office or\nposition he has filled. The persons on such preferred list shall be\nreinstated or appointed to such vacancies in such corresponding or\nsimilar positions in the order of their length of service in the system\nat any time within seven years from the date of abolition or\nconsolidation of such office or position. Notwithstanding any other\nprovision of law to the contrary, in the event that a member of the New\nYork state teachers' retirement system, who is receiving a disability\nretirement allowance, shall have such disability retirement allowance\nrescinded, such member shall be placed upon such preferred eligible list\nas of the effective date of his or her disability retirement.\n (b) The persons on such preferred list shall be reinstated, in\naccordance with the terms of paragraph (a) of this subdivision, to such\nsubstitute positions of five months or more in duration, as may from\ntime to time occur without losing their preferred status on such list.\nDeclination of such reinstatement shall not adversely affect the\npersons' preferred eligibility status.\n