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Decision No. 15,649

Appeal of WILBERT GREEN, on behalf of his son TRE’ SMITHERMAN, from action of the Board of Education of the Cleveland Hill Union Free School District regarding residency. 

Decision No. 15,649

(August 28, 2007)

Hodgson Russ LLP, attorneys for respondent, Jeffrey F. Swiatek, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Cleveland Hill Union Free School District (“respondent”) that his son, Tre’, is not a district resident entitled to attend district schools tuition-free.  The appeal must be dismissed.

Petitioner commenced the instant appeal, requesting interim relief, to allow Tre’ to complete the 2006-2007 school year in respondent’s district.  Petitioner submitted with his application an Order Modifying an Order of Custody from the Erie County Family Court, which designated petitioner as the primary residential parent.  Petitioner affirmatively states in his petition that he resides outside respondent’s district.  Petitioner’s request for interim relief was denied on March 7, 2007. 

Petitioner contends that Tre’ should be permitted to complete the 2006-2007 school year in respondent’s district.  Respondent maintains that the petition should be dismissed as petitioner’s residency cannot be disputed.

The appeal must be dismissed as moot.  The Commissioner will only decide 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 C.A., Sr., 45 Ed Dept Rep 388, Decision No. 15,360; Appeal of the New York Charter Schools Assn., Inc., et al., 45 id. 376, Decision No. 15,355; Appeal of the Bd. of Trustees of the N. Merrick Public Library, et al., 45 id. 363, Decision No. 15,350).  Petitioner’s initial request for interim relief permitting Tre’ to complete the 2006-2007 school year was denied.  Since the 2006-2007 school year has concluded, and petitioner made no additional requests for relief, the appeal is moot.

THE APPEAL IS DISMISSED.

END OF FILE