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WENGER v. GOODELL

288 A.D.2d 815 (2001)

733 N.Y.S.2d 523

WALTER S. WENGER, Individually and as Parent and Guardian of STEVEN J. WENGER, an Infant, Respondent, v. SCOTT A. GOODELL, Defendant, and CANASTOTA CENTRAL SCHOOL DISTRICT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 29, 2001.

Cardona, P. J.

As detailed in this Court's earlier decision (220 A.D.2d 937), this action arises out of an automobile accident which occurred on March 8, 1991, in the Town of Lenox, Madison County. On that day, Steven J. Wenger, a 15-year-old student at the Canastota Junior-Senior High School, chose not to utilize the bus transportation offered by defendant Canastota Central School District (hereinafter the school district) to go...

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