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Decision No. 13,595

Appeal of DIONE GOLDIN from action of the Board of Education of the Wappingers Central School District regarding a proposed budget.

Decision No. 13,595

(April 22, 1996)

MILLS, Commissioner.--Petitioner, a resident of the Wappingers Central School District, appeals respondent's actions concerning a proposed budget. The appeal must be dismissed.

On August 7, 1995, respondent adopted a resolution proposing a budget for the 1995-96 school year in the amount of $90,563,920. The resolution authorized a special meeting on August 25, 1995 for the purpose of voting on the proposed budget.

On August 25, 1995, the voters rejected the proposed budget. Thereafter, the board adopted a contingency budget. In addition, on September 14, 1995, the voters approved a proposition adding $800,000 to the contingency budget for interscholastic athletics and co-curricular activities.

Petitioner commenced this appeal on August 19, 1995 and requested a stay of the August 25 vote. Petitioner alleged that the proposed budget was misleading, incomplete and confusing and was designed to "lull" voters into approving the budget. Acting Commissioner Thomas Sheldon denied petitioner's stay request on August 24, 1995.

The appeal must be dismissed as moot. It is well settled that the Commissioner of Education will only determine matters which are in actual controversy and will not ordinarily render a decision upon a statement of facts which no longer exists or which subsequent events have laid to rest (Appeal of Kline, 35 Ed Dept Rep 91; Appeal of Evans, 33 id. 572; Appeal of Chrisfield, 33 id. 463). Since the budget vote took place on August 25, 1995, and the only relief petitioner sought was to prevent the vote, I will not address the merits of petitioner's claims.

THE APPEAL IS DISMISSED.

END OF FILE