RIVERHEAD – A mentally retarded 32-year-old woman who was sexually molested by a bus driver while on her way home from a supervised work program was not required to have a female chaperone on the bus under Mental Hygiene Law, ruled Supreme Court Justice Alan D. Oshrin.

In denying the plaintiff summary judgment on liability, Justice Oshrin moved Giangrasso v. Association for the Help of Retarded Children, 14514-93, forward to trial. The negligence suit seeks $5 million in damages from AHRC, a private agency, and Towne Transport Bus Company. (The decision will be published in tomorrow’s Law Journal.)