NEW YORK, Nov. 18 (UPI) -- A 12-year-old boy is suing to retake an entrance test for an elite New York school because he says boisterous students distracted him.

"Several test takers that were sitting near me spoke loudly, laughed, giggled and sang," Barry Tessler said in the lawsuit filed in Manhattan Supreme Court.

Tessler said he spent his summer preparing for the Oct. 27 entrance exam to Staten Island Tech. He was unable to finish the exam and left in tears because the proctor was unable to control the other children, The New York Post reported.

Tessler last week sued the city Department of Education when his father, Akiva Tessler, an administrative judge with the State Liquor Authority, failed to convince school and DOE officials to let his boy have a do-over, the Post reported.