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Decision No. 15,231

Appeal of LAMIAA ELKOULILY, on behalf of her daughter LAYLA, from action of the Board of Education of the Lynbrook Union Free School District regarding residency.

Decision No. 15,231

(May 12, 2005)

Ehrlich, Frazer & Feldman, attorneys for respondent, Kevin G. McMorrow, Esq., of counsel

MILLS, Commissioner.--Petitioner appeals the determination of the Board of Education of the Lynbrook Union Free School District ("respondent") that her daughter, Layla, is not a district resident. The appeal must be dismissed.

Petitioner's daughter began attending kindergarten in respondent's district in September 2004. By letter dated October 4, 2004, respondent's assistant superintendent for business informed petitioner that her daughter was not a district resident and would no longer be enrolled in the district's schools as of October 29, 2004. This appeal ensued. On November 1, 2004, petitioner's request for interim relief was granted.

By letter dated December 23, 2004, respondent's attorney requested that the appeal be dismissed as moot because the district had withdrawn its October 4, 2004 residency determination letter.

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 Steinbrecher, 43 Ed Dept Rep 329, Decision No. 15,008; Appeal of Shaffer, 43 id. 79, Decision No. 14,925; Appeal of T.B. and N.B., 42 id. 142, Decision No. 14,803). Since respondent has withdrawn its residency determination and is permitting petitioner's daughter to attend respondent's school as a district resident, the appeal must be dismissed as moot (Appeal of Steinbrecher, supra; Appeal of Shaffer, supra; Appeal of T.B. and N.B., supra).