Appellate Division of the Supreme Court of the State of New York June 21, 2007 (Gerfin v. North Colonie Central School District)

Spain, J.

Appeal from an order of the Supreme Court (Teresi, J.), entered March 30, 2006 in Albany County, which denied defendants’ motion for summary judgment dismissing the complaint.

In January 2003, plaintiff Geoffrey A. Gerfin (hereinafter plaintiff) was a sixth-grade student at Southgate Elementary School, which is part of defendant North Colonie Central School District.