Appeal of ELIZABETH PASSER from action of the Board of Education of the Mexico Central School District regarding a budget vote.

Decision No. 15,160

(January 6, 2005)

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., attorneys for respondent, Donald E. Budmen, Esq., of counsel

MILLS, Commissioner.--Petitioner challenges actions of the Board of Education of the Mexico Central School District ("respondent") relating to an annual budget vote. The appeal must be dismissed.

Petitioner requested that respondent produce budget documents prior to the May 18, 2004 vote on the 2004-2005 school budget. Petitioner commenced this appeal on May 17, 2004 requesting that the vote be stayed and that the budget documents be found improper. Petitioner�s request for interim relief was denied on May 28, 2004.

The appeal must now be dismissed as moot. The Commissioner of Education will only consider matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest (Appeal of Colety, et al., 42 Ed Dept Rep 162, Decision No. 14,806; Appeal of Bazemore, 41 id. 449, Decision No. 14,742). The May 18, 2004 budget vote was held, and the district voters rejected the proposed budget. Respondent revised the budget, prepared new budget documents for distribution, and resubmitted the budget for a vote, which took place on June 22, 2004. Therefore, the sole relief requested by petitioner cannot be granted and the appeal is moot.

THE APPEAL IS DISMISSED.

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