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Decision No. 13,254

Appeal of KENT F. CAULEY from action of the Board of Education of the Willsboro Central School District regarding termination of employment.

Decision No. 13,254

(September 12, 1994)

Whiteman Osterman & Hanna, Esq., attorneys for petitioner, Melvin H. Osterman, Esq., of counsel

Judge & Duffy, Esqs., attorneys for respondent, H. Wayne Judge, Esq., of counsel

SOBOL, Commissioner.--Petitioner, Kent F. Cauley, appeals from the alleged failure of the Board of Education of the Willsboro Central School District ("respondent") to implement the terms of my decision in Appeal of Cauley, 33 Ed Dept Rep 502. In that decision, I determined that petitioner was entitled to receive the benefits granted to him under his employment contract with respondent until respondent had issued a proper determination regarding its termination of his employment. Petitioner requests that I direct respondent to pay him the salary and other benefits due under his employment contract retroactive to October 14, 1993 and continuing until respondent complies with the terms of my decision. The appeal must be dismissed.

On April 25, 1994, respondent met and adopted a resolution directing the school treasurer to pay petitioner the benefits granted under his employment contract from October 14, 1993 to the date of the meeting. Simultaneously with the adoption of that resolution, the majority of the board voted to approve a decision which provided its reasons for terminating petitioner's employment with the district. These actions by respondent comply with the terms of my previous decision. Since the relief requested by petitioner in this appeal has been accomplished by virtue of respondent's resolution, there is no longer any matter in controversy and the appeal must be dismissed as moot (Appeal of Collins, 32 Ed Dept Rep 217; Appeals of Mitzner, 31 id. 139).