Appeal of F.W., on behalf of her child, from action of the Board of Education of the Cornwall Central School District regarding immunization.

Decision No. 18,396

(April 1, 2024)

Honeywell Law Firm, PLLC, attorneys for respondent, Shannon M. Capozzola, Esq., of counsel

ROSA., Commissioner.--Petitioner challenges the determination of the Board of Education of the Cornwall Central School District (“respondent”) that her child (the “student”) is not entitled to a medical exemption from the immunization requirements of the Public Health Law.  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 [1980]).  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).  

The record reflects that, after this appeal was commenced, the student satisfied all immunization requirements of Public Health Law § 2164 and was permitted to return to school.  Accordingly, there is no further meaningful relief that can be granted, and the appeal must be dismissed (Appeal of N.G., 62 Ed Dept Rep, Decision No. 18,280; Appeal of D.T., 60 id., Decision No. 17,998; Appeal of J.J., 59 id., Decision No. 17,817).

THE APPEAL IS DISMISSED.

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