MATTER OF McCLANCY v. PLAINEDGE UNION FREE SCHOOL DISTRICT

2016-03062, Index No. 607831/15.

153 A.D.3d 1413 (2017)

2017 NY Slip Op 06651

62 N.Y.S.3d 126

In the Matter of ISABELLA MCCLANCY, Individually and as Mother and Natural Guardian of L.M., an Infant, Respondent, v. PLAINEDGE UNION FREE SCHOOL DISTRICT, Appellant.

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

Decided September 27, 2017.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.

On June 25, 2015, the infant L.M. (hereinafter the child), then a first-grade student at East Plain School in North Massapequa, allegedly was injured when he fell while climbing up the steps of a playground slide during recess. More than five months after the accident, the petitioner, the child's mother, commenced...

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