Rather than take the bus, Anthony Pistolese decided to walk home from school with his friends.
After they left the school grounds, Pistolese was assaulted by another group of kids.
When a lawsuit was later filed, the Suffolk County Supreme Court denied a dismissal request made by the William Floyd Union Free District (WFUFD), and an appeal to the Appellate Division, Second Department, followed.
In New York State, a school's duty to protect is intertwined with having physical custody and control over its students. In this instance, since Pistolese wasn't on school property when the attacked occurred, the AD2 opted to dismiss.
WFUFD wasn't about to be detained.
To view a copy of the Appellate Division's decision, please use this link: Pistolese v. William Floyd Union Free Dist.