Appellate Division of the Supreme Court of the State of New York September 29, 2011 (Conger v. Ogdensburg City School District)

Egan Jr., J.

*1254Petitioner, born in 1991, was in the eighth grade at Ogdensburg Free Academy in December 2006, when he fell on the ice while playing broomball during a physical education class. After the class ended, petitioner went to the school nurse complaining that he had hurt his left elbow in the fall.