The complaint was properly dismissed since defendant is not a proper party to the action. Contrary to plaintiffs contention, the 2002 amendments to the Education Law (L 2002, ch 91), do not provide a basis to hold defendant liable for the personal injuries sustained by plaintiff ( see Bailey v City of New York, 55 AD3d 426; Perez v City of New York, 41 AD3d 378, lv denied 10 NY3d 708).
We have considered plaintiffs remaining arguments, inqluding that we reconsider our decision in Perez, and find them unavailing.