Appellate Division of the Supreme Court of the State of New York May 3, 2002 (Roundtree v. School District of Niagara Falls)

—Appeal from an order of Supreme Court, Niagara County (Fricano, J.), entered January 31, 2001, which denied defendant’s motion for summary judgment.

It is hereby ordered that the order so appealed from be and *877the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.