Opinion
February 16, 1999
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff testified at her deposition that she became involved in a fight with another student after she had been dismissed from school at approximately 2:45 P.M. on December 17, 1993. The fight occurred off school property. The plaintiff admittedly delivered the first blow. Bearing in mind the general principle that a student who removes himself or herself from school grounds may "`no longer look to the school district to protect him [or her]'" (Wenger v. Goodell, 220 A.D.2d 937, quoting Bushnell v. Berne-Knox-Westerlo School Dist., Sup Ct, Albany County, Dec. 17, 1985, Hughes, J., slip opn, at 4, affd 125 A.D.2d 859; see also, Phillipe v. City of N.Y. Bd. of Educ., 254 A.D.2d 339; Reed v. Pawling Cent. School Dist., 245 A.D.2d 281; Silver v. Cooper, 199 A.D.2d 255), we conclude that the Supreme Court properly granted summary judgment dismissing the complaint.
Miller, J. P., Ritter, Altman and McGinity, JJ., concur.