Opinion
July 12, 1996
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. The injuries sustained by plaintiff's daughter were the result of the unanticipated actions of another student. The intervening acts of that student, not the alleged negligence of the attendance officer, were the proximate cause of the injuries sustained by plaintiff's daughter ( see, DeMunda v Niagara Wheatfield Bd. of Educ., 213 A.D.2d 975; Rock v. Central Sq. School Dist., 113 A.D.2d 1008).