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Decision No. 13,496

Appeal of JANET MARKIEWICZ from action of the Board of Education of the Goshen Central School District relating to a district budget vote and proposition.

Decision No. 13,496

(October 23, 1995)

Shaw & Silveira, Esqs., attorneys for respondent, Garrett L. Silveira, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals respondent's failure to submit a proposition she offered for a vote at the Goshen Central School District's annual meeting in May 1995. The appeal must be dismissed.

On March 13, 1995, petitioner presented respondent with several properly executed petitions requesting the placement on the ballot of a proposition to reduce the number of members on the district's board of education from nine to seven. On March 20, with only six of nine board members present, respondent failed to authorize the proposition, with only four board members voting in favor of doing so. Respondent held another meeting on March 27, but apparently did not vote on petitioner's proposition. Petitioner commenced this appeal on April 3, 1995.

It appears from respondent's answer that respondent voted on April 11, 1995, to place petitioner's proposition on the ballot for the election held on May 17, 1995. Petitioner has submitted no reply, so I must assume for purposes of this appeal that the proposition was in fact placed upon the ballot.

My Office of Counsel suggested that petitioner might wish to consider withdrawing this appeal, but she did not do so. The appeal must now be dismissed as moot. It is well settled that the Commissioner of Education will not render a decision on issues which subsequent events have laid to rest (Appeal of Krause, 27 Ed Dept Rep 57; Matter of Dobert, 24 id. 36; Matter of Kruta, 20 id. 363).