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Decision No. 12,615

Appeal of JUNE RUSSO from action of the Board of Education of the Lindenhurst Union Free School District refusing to submit a proposition at a special district meeting.

Decision No. 12,615

(December 16, 1991)

Cooper, Sapir & Cohen, P.C., attorneys for respondent, Robert E. Sapir, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals from respondent's rejection of a petition pursuant to Education Law '2008 for a special district meeting. The appeal must be dismissed.

On June 19, 1991, the voters of the Lindenhurst Union Free School District rejected the budget that had been proposed by the board for the 1991-92 school year. On June 26, 1991, respondent adopted an austerity budget. On August 20, 1991, petitioner presented a proposal to respondent, pursuant to Education Law '2008, which requested that a special meeting be held on September 11, 1991 to vote on a new budget. Respondent rejected petitioner's proposal and developed a new budget, which was presented to the voters on September 19, 1991. That budget was passed by a vote of 2,730 to 1,919.

Petitioner seeks an order directing respondent to present to the voters the budget proposal submitted by her to the board on August 20, 1991. In light of the fact that a budget was subsequently approved by the voters, this appeal is academic (Matter of Gang, et al., 23 Ed Dept Rep 118, 119). The Commissioner will determine only matters which are in actual controversy and will not render a determination upon a matter which subsequent events have laid to rest (Appeal of Dimilia, 30 Ed Dept Rep 391; Appeal of Sileo, 28 id. 313; Appeal of Huggins, 28 id. 173).