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Decision No. 15,084

Appeal of CHAZY LEGACY ASSOCIATION from action of the Board of Education of the Chazy Union Free School District regarding the appointment of a director of physical education.

 

 

(July 15, 2004)

 

Harris Beach LLP, attorneys for respondent, Dennis Curtin, Esq., of counsel

 

MILLS, Commissioner.--Petitioner appeals the failure of the Board of Education of the Chazy Union Free School District ("respondent") to appoint a director of physical education.  The appeal must be dismissed.

Petitioner alleges that respondent failed to appoint a director of physical education, as required by the Commissioner"s regulations.  Petitioner seeks an order directing respondent to appoint an individual to that position.

Respondent admits that, at the time the appeal was initiated, it did not employ a director of physical education.  On May 11, 2004, however, respondent appointed a director of physical education for the 2004-2005 school year.  Respondent asserts that the appeal is moot.

The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts which no longer exists or which subsequent events have laid to rest (Appeal of Schuler, 43 Ed Dept Rep ___, Decision No. 15,058; Appeal of Baldauf, 43 id. ___, Decision No. 15,049; Appeal of Kushner, 43 id. ___, Decision No. 15,040).  The 2003-2004 school year has ended.  Respondent has employed a director of physical education for the 2004-2005 school year in compliance with "135.4(c)(4)(iii) of the Commissioner"s regulations.  As petitioner seeks no further relief, the appeal is moot. 

THE APPEAL IS DISMISSED.

END OF FILE