STATEN ISLAND, N.Y. -- A 9-year-old New Dorp boy earlier today learned there is no wiggle room in the Department of Education's "no toy gun" policy -- even if the toy gun is just two inches long.

Patrick Timoney, a fourth-grader at PS 52, South Beach, was nearly suspended after playing with LEGOs during his lunch period because one of the action figures was carrying at toy machine gun.

He and his friends had planned a playdate with their respective toys, and were sitting around the cafeteria table when the principal walked in and saw the action figure carrying the fake gun.

While the action figure was a standard LEGO policeman figure, the brand of the gun could not be determined.

"She took him into her office in the middle of the lunch period and he was crying," said the boy's mother, Laura Timoney. "He was afraid."

The principal called Ms. Timoney and said she considered the toy suspension-worthy, and that she was going to double-check with a security administrator from the city Department of Education.

According to Ms. Timoney, the administrator said the toy should be confiscated and returned to the parents at the end of the day, and that no other action was necessary.

"It's crazy," Ms. Timoney said. "He's missing class time, all for silly toys. The boys are just trying to relax. If there's a real threat, why not call the Police Department?"

She pointed out that another child had an action figure that was holding an ax, but that only Patrick was reprimanded.

"When are we going to take responsibility for common sense and logic?" Ms. Timoney said.

The DOE's discipline code says that all imitation weapons are prohibited, but, before considering suspension, it is up to a principal to decide whether a fake gun looks realistic, by evaluating the color, size, shape, appearance and weight.

A message left for Principal Evelyn Matroianni was not returned. However, Margie Feinberg, a spokeswoman for the DOE, said there is a no-tolerance policy when it comes to fake guns because they are considered harmful to the school community.

"Toy guns are not allowed in schools," she said, adding that a conference was held among the principal, the parents and the student about the topic.

"The issue was resolved," Ms. Feinberg said. "The child will not be bringing the toy gun into school."

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