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Decision No. 13,633

Appeal of GEORGE LOVELOCK, on behalf of his son, DYLAN, from action of the Board of Education of the Freeport Union Free School District regarding residency.

Decision No. 13,633

(July 10, 1996)

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger, Reich & Scricca, attorneys for respondent, Neil M. Block, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Freeport Union Free School District ("respondent") to exclude his son, Dylan, from district schools on the basis of residency. The appeal must be dismissed.

During the 1995-96 school year, petitioner's son, Dylan, was an eighth-grader in respondent's school district where he lived with his mother. In January 1996, Dylan and his mother were evicted from their home. While his mother sought another residence in Freeport, Dylan lived with petitioner within the Bay Shore Union Free School Distict. In March 1996, Dylan's mother moved to North Babylon, and Dylan continued to live with petitioner. By letter dated March 21, 1996, petitioner asked respondent to allow Dylan to remain in respondent's school district for the balance of the school year. On March 27, 1996, respondent denied petitioner's request and notified him that March 29, 1996 would be the final day it would permit Dylan to attend school in the district. This appeal ensued. Petitioner's request for interim relief pending a determination on the merits was granted on April 11, 1996.

The appeal must be dismissed because it is moot. Petitioner requested that I compel respondent to permit his son to remain in the district's schools until the end of the 1995-96 school year, which is now over. Since the Commissioner only decides matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest, the appeal is moot (Appeal of Nash, 35 Ed Dept Rep 203; Appeal of Warner, 32 id. 533; Appeal of Langenmayr, 30 id. 322).