Ronald N. v Utica City School Dist.
2008 NY Slip Op 00809 [48 AD3d 1085]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Ronald N., Individually and as Parent and Natural Guardian of Dylan R.N., an Infant, Appellant, v Utica City School District et al., Respondents.

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Ralph W. Fusco, Utica, for plaintiff-appellant.

Donald R. Gerace, Utica, for defendant-respondent Utica City School District.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Albany (Douglas R. Kemp of counsel), for defendant-respondent Birnie Bus Service.

Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered April 30, 2007 in a personal injury action. The order granted the motions of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Martoche, Peradotto, Pine and Gorski, JJ.