MATTER OF CONGER v. OGDENSBURG CITY SCHOOL DISTRICT

511843.

87 A.D.3d 1253 (2011)

930 N.Y.S.2d 92

2011 NY Slip Op 6627

In the Matter of MATTHEW STANLEY CONGER, Appellant, v. OGDENSBURG CITY SCHOOL DISTRICT et al., Respondents.

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

Decided September 29, 2011.


EGAN Jr., J.

Petitioner, 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. The nurse observed some bruising and swelling but that petitioner otherwise had full range of motion of his arm and elbow. Although petitioner returned to class...

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