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Decision No. 12,577

Appeal of DELANO HILAIRE, on behalf of Guerline Baptiste, from action of the Board of Education of the Sewanhaka Central High School District regarding residency.

Decision No. 12,577

(August 29, 1991)

Douglas E. Libby, Esq., attorney for respondent

SOBOL, Commissioner.--Petitioner appeals, on behalf of his niece, from respondent's determination that his niece is not a resident of the Sewanhaka Central High School District and its consequent refusal to admit her to the schools of the district. Petitioner applied for a stay directing respondent to admit his niece to respondent's schools, pending a determination of the merits of this appeal, and that application was granted by my order of March 7, 1991. The appeal must be sustained.

The facts which are pertinent to this decision are fully set forth in the Interim Order. In my decision to grant the Interim Order directing that petitioner's niece be permitted to attend respondent's schools, I found, based upon the record before me, that respondent's determination that petitioner's niece was a non-resident was incorrect. In answering the allegations of the petition in this appeal, after admitting that Nassau County Surrogate's Court had issued an order establishing petitioner as legal guardian of his niece, respondent alleged that it would be asking the Court to reopen the guardianship proceeding for the purpose of rescinding the letters of guardianship. Neither party has supplied me with any record of further proceedings in the Nassau County Surrogate's Court, and, therefore, based upon the record currently before me, it appears that the order of guardianship is still in effect (Appeal of Pinto, 30 Ed Dept Rep ____, Decision No. 12499, May 28, 1991). Consequently, the factual and legal basis for my original determination that petitioner had established that his niece was a resident and was therefore entitled to attend respondent's schools remains unchanged, and the appeal must be sustained.

THE APPEAL IS SUSTAINED.

IT IS ORDERED that respondent shall admit Guerline Baptiste to the schools maintained by the Sewanhaka Central High School District on the grounds that she is a resident of said district.

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