Opinion
March 31, 1986
Appeal from the Supreme Court, Orange County (Nastasi, J.).
Order affirmed insofar as appealed from, without costs or disbursements.
The plaintiffs instituted this action to recover damages for personal injuries sustained by the infant plaintiff allegedly as a result of the defendants' failure to examine her for scoliosis as is required by Education Law § 905. Education Law § 911 provides that the Commissioner of Education shall be responsible for ensuring compliance with the examination requirements of Education Law § 905, and may withhold funds from a school district which refuses or neglects to comply with the statutory requirements. Reading the two statutes in pari materia, we find that the Legislature did not intend to create a private cause of action based upon a school district's failure to examine students for scoliosis. Therefore, Special Term did not err when it dismissed the plaintiffs' amended complaint. Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.