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Decision No. 16,610

Appeal of ANGEL R. APONTE, on behalf of his son DONAVIN, from action of the City School District of the City of New Rochelle regarding residency.

Decision No. 16610

(June 5, 2014)


Bond, Schoeneck & King, PLLC, attorneys for respondent, Jeffrey A. Kehl, Esq., of counsel


King, Jr., Commissioner.--Petitioner appeals the determination of the City School District of the City of New Rochelle (“respondent”) that his son, Donavin, is not a district resident. The appeal must be dismissed.

Petitioner commenced this appeal by service of a notice and petition on August 19, 2013. Petitioner’s request for interim relief was granted on August 29, 2013.

In its answer to the petition, respondent stated that, based upon a review of petitioner’s documentation of residency, submitted as exhibits to the petition, respondent determined that petitioner made the requisite showing of residency for himself and his son. By letter dated September 4, 2013, respondent notified petitioner that his son could attend district schools as a resident.

Accordingly, 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 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). Because respondent has conceded petitioner’s residency in the district and admitted his son to its schools, no further meaningful relief may be granted, and the matter is academic.

THE APPEAL IS DISMISSED.

END OF FILE