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Decision No. 16,204

Appeal of NADIA SIMSON, on behalf of RUBEN TJON-A-MEEUW, from action of the Board of Education of the Sewanhaka Central High School District regarding residency.

Decision No. 16,204

(February 24, 2011)

Douglas E. Libby and Bernadette Gallagher-Gaffney, Esqs., attorneys for respondent

STEINER, Commissioner.--Petitioner appeals the determination of the Board of Education of the Sewanhaka Central High School District (“respondent”) that her godson, Ruben Tjon-A-Meeuw, is not a resident entitled to attend the district’s schools tuition-free.  The appeal must be dismissed.

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 a Student with a Disability, 48 Ed Dept Rep 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; Appeal of Embro, 48 id. 204, Decision No. 15,836).  By letter dated November 1, 2010, respondent notified my Office of Counsel that the Nassau County Family Court granted petitioner guardianship of Ruben Tjon-A-Meeuw on October 7, 2010.  Respondent also submitted a copy of a letter to petitioner, dated October 18, 2010, admitting the student to the schools of the district.  The appeal, therefore, is moot and must be dismissed (Appeal of Bryant, 49 Ed Dept Rep 301, Decision No. 16,033).

THE APPEAL IS DISMISSED.

End OF FILE.