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Decision No. 14,012

Appeal of KENNETH S. ROLLINS, on behalf of his son, ERIC BRYAN ROLLINS, from action of the Board of Education of the Freeport Union Free School District regarding residency.

Decision No. 14,012

(September 4, 1998)

Ingerman, Smith, LLP, attorneys for respondent, Neil Block, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals respondent's determination that his son is not a resident of the Freeport Union Free School District. The appeal must be dismissed.

On September 5, 1997, respondent's assistant superintendent held a hearing pursuant to 8 NYCRR 100.2(y) to determine whether petitioner's son was a resident of the Freeport Union Free School District and entitled to attend the public schools of the district. By letter dated September 12, 1997 respondent's superintendent of schools notified petitioner of her determination adopting the findings and recommendations of the assistant superintendent, that neither petitioner nor his son resided in respondent's school district. The letter further indicated that petitioner's son was not entitled to attend the public schools of the district. Petitioner appealed respondent's determination and, as part of his appeal, requested an interim order permitting his son to continue to attend school in respondent's district pending a final determination of the merits of the appeal. This request for interim relief was denied on October 8, 1997. It appears, however, that for reasons not stated in the record, petitioner's son continued to attend school in respondent's district. Subsequent to the conclusion of the 1997-98 school year, petitioner submitted a letter stating that his son graduated from Freeport High School in June 1998 and is currently attending college at Pennsylvania State University.

The appeal must be dismissed as moot. Because petitioner's son has graduated and is no longer entitled to attend the public schools there is no longer any issue before the Commissioner. It is well settled that the Commissioner will only decide matters which are in actual controversy and will not render a decision upon facts which no longer exist or which subsequent events have laid to rest (Appeal of Mangaroo, 37 Ed Dept Rep 578; Appeal of Boehm, 37 id. 208).

THE APPEAL IS DISMISSED.

END OF FILE