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Decision No. 16,393

Appeal of YVETTE PALERMO ORTEGA, on behalf of her daughter KIRA ANN, from action of the Board of Education of the City School District of the City of New Rochelle regarding residency.

Appeal of YVETTE PALERMO ORTEGA, on behalf of her son KIRK ANTHONY, from action of the Board of Education of the City School District of the City of New Rochelle regarding residency.

Decision No. 16,393

(August 21, 2012)

Kehl, Katzive & Simon, LLP, attorneys for respondent, Jeffrey A. Kehl, Esq., of counsel

GREY, Acting Commissioner.--In two separate appeals, petitioner challenges the determinations of the Board of Education of the City School District of the City of New Rochelle (“respondent”) that her children are not district residents.  Because these appeals present similar issues of fact and law, they are consolidated for decision.  The appeals must be dismissed.

After petitioner commenced the instant appeals in March 2012, respondent permitted the children to continue attending its schools pending a determination in the appeals.   

Respondent’s counsel asserts, and petitioner does not refute, that the parties have settled the matter and that the children have been readmitted to respondent’s schools through June 30, 2012 and thereafter, subject to certain conditions.  The agreement indicates that petitioner has the right to file a new appeal in the event that the school district makes a new determination that the children do not reside in respondent’s district.   

The appeals 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 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).  Petitioner’s children’s residency is no longer at issue and therefore the appeals are academic.

THE APPEALS ARE DISMISSED.

END OF FILE.