Opinion
2002-09475.
Decided December 15, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Burke, J.), entered September 16, 2002, as granted the motion of the defendant Bay Shore Union Free School District for summary judgment dismissing all claims and cross claims insofar as asserted against it based on a theory of negligent supervision.
Silberstein, Awad Miklos, P.C., Garden City, N.Y. (Joseph P. Awad and Paul N. Nadler of counsel), for appellants.
Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen D. Foley of counsel), for respondent.
Before: WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant Bay Shore Union Free School District (hereinafter the School District) established its prima facie entitlement to judgment as a matter of law by establishing that its supervision of the infant plaintiff was not a proximate cause of the accident ( see Lopez v. Freeport Union Free School Dist., 288 A.D.2d 355; see also Weinblatt v. Eastchester Union Free School Dist., 303 A.D.2d 581; Navarra v. Lynbrook Pub. Schools, Lynbrook Union Free School Dist., 289 A.D.2d 211). In response to the School District's motion, the plaintiffs failed to submit evidence sufficient to a raise triable issue of fact as to whether the School District's alleged negligent supervision was a proximate cause of the infant plaintiff's injuries ( see Lopez v. Freeport Union Free School Dist., supra; Weinblatt v. Eastchester Union Free School Dist., supra; Navarra v. Lynbrook Pub. Schools, Lynbrook Union Free School Dist., supra).
The plaintiffs' remaining contentions are without merit.
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.