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Decision No. 14,966

Application of WILLIAM C. TOUNTAS, JORDAN GOLDSTEIN, RICHARD ROSTHOLDER, BARRY SPOOL, and SHERYL COHEN for removal of Emilia Sutz as a member of the Board of Education of the Herricks Union Free School District.



(October 9, 2003)


Jaspan Schlesinger Hoffman LLP, attorneys for respondent, Lawrence J. Tenenbaum, Esq., of counsel 

     MILLS, Commissioner.--Petitioners seek the removal of Emilia Sutz from her position as a member of the Board of Education of the Herricks Union Free School District.  The application must be denied.

     Petitioners allege that respondent Sutz willfully violated the law by failing to file a post-election campaign expenditure statement with the clerk of the district and the Commissioner of Education after the district's May 16, 2000 school board election, as required by Education Law ""1528 and 1529.  Respondent Sutz alleges that she filed the post-election campaign expenditure statement with the district clerk and the New York State Education Department, and that petitioners have failed to establish any willful violation of the law that would warrant her removal from office.

The Commissioner will only consider matters in actual controversy and will not render a decision on a state of facts which no longer exists or which subsequent events have laid to rest (Appeal of T.D., 43 Ed Dept Rep _____, Decision No. 14,927; Appeal of Baronti, 42 id. _____, Decision No. 14,802; Appeal of Schrader, 42 id. _____, Decision No. 14,771).  On June 10, 2003, respondent's attorney advised my Office of Counsel that respondent Sutz's term as a board member ended June 30, 2003 and that she did not seek re-election to the board for a new term.  Petitioners do not dispute that respondent Sutz's board membership ended on June 30, 2003.  Since respondent Sutz is no longer a member of the board of education, this application for her removal from office is moot.