KREY v. BOARD OF EDUCATION

Ordered that the judgment is affirmed, with costs.

The trial court properly refused to charge the jury that the defendant was under a duty to use special skill and care as set forth in PJI 2:15. The proper charge, and the one given by the court, was PJI 2:227, which provides that the Board of Education has "a duty to exercise the same degree of care toward the students in its custody as a reasonably prudent parent would exercise under comparable circumstances" (Sprecher v. Port Washington Union Free School Dist., 166 A.D.2d 700; see, Lawes v Board of Educ., 16 N.Y.2d 302).

The plaintiffs' remaining contentions are unpreserved for appellate review, and, in any event, without merit. Miller, J.P., Copertino, Santucci and Goldstein, JJ., concur.