A New York state judge will not disturb a decision by a school superintendent to suspend a student for giving a teacher “noogies” on two occasions when she allegedly asked him to stop.

In Mirenberg v. Lynbrook Union Free School District, 1873/08, Supreme Court Justice Thomas P. Phelan of Nassau County ruled that 14-year-old Ethan Mirenberg had not exhausted the administrative avenues available to him for challenging a nine-month suspension levied by Superintendent Phillip Cicero.

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