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Decision No. 13,802

Appeal of DIONE GOLDIN for removal of John G. Marmillo as superintendent of schools for the Wappingers Central School District.

Decision No. 13,802

(July 30, 1997)

Michael K. Lambert, Esq., attorney for respondent

MILLS, Commissioner.--Petitioner seeks the removal of John G. Marmillo ("respondent") from his position as superintendent of schools in the Wappingers Central School District. The application must be denied.

Petitioner claims that respondent was derelict in his duties as superintendent because he failed to submit 1996-97 budget revision information to the board of education in a timely fashion. As a result, petitioner claims pertinent information was not available for distribution at the first of several public budget hearings held in the district. Petitioner asserts that respondent's conduct warrants his removal from office pursuant to Education Law '306. Respondent asserts that he provided the budget information to the Wappingers board of education by the date it had requested, and that petitioner has established no basis for his removal pursuant to '306.

As a threshold matter, I note that subsequent to the initiation of this appeal and completion of the record before me, respondent retired from his position as superintendent of schools in the Wappingers Central School District. The record indicates that respondent retired effective January 11, 1997. The Commissioner of Education will only decide matters in controversy and will not render a decision upon a state of facts which no longer exists or which subsequent events have laid to rest (Application of Dinan, 36 Ed Dept Rep 370; Appeal of Douglas and Jody H., 36 id. 224).

In her prayer for relief, petitioner only seeks respondent's removal from his position as superintendent of schools. Because respondent retired from that position and is no longer employed in the Wappingers Central School District, I cannot grant the relief sought. Therefore, the matter is moot.

THE APPLICATION IS DENIED.

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