
    Steven M. Marlowe, an Infant, by His Parent and Natural Guardian, Steven L. Marlowe, et al., Appellants, v Rush-Henrietta Central School District et al., Respondents.
    Argued October 8, 1991;
    decided November 21, 1991
    
      APPEARANCES OF COUNSEL
    
      George A. Schell for appellants.
    
      James E. Maslyn for Rush-Henrietta Central School District, respondent.
    
      David F. Bowen, Robert M. Shaddock and Roger G. Preston, Jr., for Derrick Nesmith, respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (167 AD2d 820).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Judge Alexander dissents and votes to reverse for the reasons stated in the dissenting memorandum at the Appellate Division (167 AD2d 820, 820-822).  