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Decision No. 15,008

Appeal of DAVID STEINBRECHER from action of the Board of Education of the West Genesee Central School District regarding residency.


Decision No. 15,008

(January 6, 2004)


David M. Pellow, Esq., attorney for respondent


MILLS, Commissioner.--Petitioner challenges the determination of the Board of Education of the West Genesee Central School District ("respondent") refusing him admission on the basis of non-residency.  The appeal must be dismissed.

Petitioner formerly lived with his father in the Liverpool Central School District.  His mother is deceased.  Since September 1, 2003, he has lived with his sister in the West Genesee Central School District.

On November 3, 2003, petitioner and his sister applied for his admission to the West Genesee Central School District as an emancipated minor.  On November 5, the high school principal advised petitioner"s sister orally that he would not be admitted.

Petitioner commenced this appeal on December 1, 2003, and sought interim relief directing petitioner"s immediate admission during the pendency of the appeal.

On December 8, 2003, my Office of Counsel received an affidavit dated December 4 and a letter dated December 3, both executed by respondent"s attorney, indicating that respondent was now willing and prepared to accept petitioner as a district resident for enrollment.

The Commissioner of Education 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.B. and N.B., 42 Ed Dept Rep 142, Decision No. 14,803; Appeal of Tobias, 41 id. 51, Decision No. 14,612; Appeal of Cox, 41 id. 43, Decision No. 14,609).  Respondent has  determined that petitioner is entitled to attend its schools as a resident, therefore both the appeal and petitioner"s request for interim relief are moot.