Decision No. 18,184
Appeal of C.R. and A.R., on behalf of their children, from action of the Board of Education of the Mamaroneck Union Free School District regarding residency.
Decision No. 18,184
(August 19, 2022)
Ingerman Smith, LLP, attorneys for respondent, Emily J. Lucas, Esq., of counsel
ROSA., Commissioner.--Petitioners appeal the determination of the Board of Education of the Mamaroneck Union Free School District (“respondent”) that their three children (the “students”) are not district residents. The appeal must be dismissed.
Petitioners registered the students in respondent’s district in 2019, indicating that they were purchasing a residence within the district (the “in-district residence”). Petitioners closed on that residence in October 2019.
By letter dated August 30, 2021, respondent determined that the students were not district residents and would be excluded from its schools. This appeal ensued.
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 that no longer exists due to the passage of time or a change in circumstances (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of a Student with a Disability, 48 id. 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 ). Where the Commissioner can no longer award a petitioner meaningful relief on his or her claims, no live controversy remains and the appeal must be dismissed (Appeal of R.B., 57 Ed Dept Rep, Decision No. 17,394; Appeal of N.C., 40 id. 445, Decision No. 14,522).
Following the commencement of this appeal, respondent determined that the students were district residents and rescinded its August 30, 2021 determination. Therefore, petitioners have received all of the relief that they requested, and the appeal must be dismissed as moot (see Appeal of Y.W., 60 Ed Dept Rep, Decision No. 17,890; Appeal of X.W., 59 id., Decision No. 17,760; Appeal of M.L. and A.L., 57 id., Decision No. 17,365).
THE APPEAL IS DISMISSED.
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