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Decision No. 12,810

Appeal of NORMA SCHMUCKER from a determination of the Board of Education of the East Islip Union Free School District relating to voter propositions.

Decision No. 12,810

(September 21, 1992)

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger, Reich & Scricca, Esqs., attorneys for respondent, Lawrence W. Reich, Esq., of counsel

SOBOL, Commissioner.--Petitioner is a resident of the East Islip Union Free School District and appeals from respondent's rejection of two petitions requesting that propositions be placed before the voters at the June 3, 1992 annual meeting. The first proposition would increase the number of members of the board of education and the second proposition provides that board vacancies shall not be considered separate specific offices. Petitioner requests an order directing respondent to amend the notice of the 1992 annual district meeting to indicate that the two propositions would be voted upon at that meeting.

When the appeal was filed, petitioner requested interim relief, which was granted on April 23, 1992. The interim order directed respondent to amend the notice of the annual meeting to indicate that the two propositions would be voted upon, and to place the propositions before the voters at the annual meeting. While this order was issued as interim relief, it is clear from a review of the record that such order granted the ultimate relief sought by petitioner. Since the time for the annual meeting has passed and the propositions were presumably voted upon, the appeal has become moot and will be dismissed on that basis. (Appeal of Mitzner, 31 Ed Dept Rep 139).

THE APPEAL IS DISMISSED.

END OF FILE