The appeal must be dismissed. During the 1992-93 school year, Nathain was a student in respondent's middle school. Petitioner alleges that Nathain went to the school nurse and asked her to call the emergency number in his file so that his uncle could take him to the hospital. According to petitioner, the nurse told Nathain that she did not have an emergency number in her file and refused to call his uncle.
Petitioner claims that the emergency number was on file in the school's main office.
Petitioner states that the nurse instead called petitioner's phone number and left a message on her answering machine even though Nathain told the nurse that his parents weren't home. According to petitioner, the nurse gave Nathain an ice pack for his hand and ignored his complaints of severe pain. Petitioner further alleges that the uncle took Nathain to the emergency room where it was discovered that he had broken a bone in his hand. Respondent contends that petitioner did not bring the alleged incident to the attention of the school's administration, the superintendent or the board of education. Therefore, respondent argues that the petition should be dismissed, since there has been no action or determination by respondent.