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Decision No. 15,273

Appeal of SHARON McLEAN, on behalf of her son MARK THELWELL, from action of the Board of Education of the Uniondale Union Free School District regarding residency.

Ingerman Smith, LLP, attorneys for respondent, Susan E. Fine, Esq., of counsel

Decision No. 15,273

(August 5, 2005)

MILLS, Commissioner.--Petitioner challenges the determination of the Board of Education of the Uniondale Union Free School District ("respondent") that her son, Mark, is not a district resident. The appeal must be dismissed.

The appeal must be dismissed as moot. The Commissioner will only decide 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 (Appeal of B.K. and R.K., 44 Ed Dept Rep 195, Decision No. 15,146; Appeal of V.L., 44 id. 160, Decision No. 15,132; Appeal of Garvin, 44 id. 30, Decision No. 15,087).Petitioner asks that her son be permitted to attend respondent's schools. According to respondent, subsequent to commencing this appeal, petitioner contacted respondent to advise it that she had moved back to a residence within the district. After conducting an investigation that confirmed that petitioner was residing within the district, respondent permitted petitioner's son to attend its schools. Since petitioner has obtained the relief she seeks, the matter is moot and the appeal must be dismissed (Appeal of D'Angelo, 39 Ed Dept Rep 849, Decision No. 14,399; Appeal of Lascala, 38 id. 16, Decision No. 13,974).