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Decision No. 15,566

Application of ROBERT SHAVER for the removal of Kraig D. Pritts as Superintendent of the Deposit Central School District.

Decision No. 15,566

(April 12, 2007)

The Law Firm of Frank W. Miller, attorney for respondent, Frank W. Miller, Esq., of counsel

MILLS, Commissioner.--Petitioner, a former employee of the Deposit Central School District (“district”), seeks the removal of Kraig D. Pritts (“respondent”) as superintendent of the district.  The application must be denied.

The application 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 C.A., Sr., 45 Ed Dept Rep 388, Decision No. 15,360; Appeal of the New York Charter Schools Assn., Inc., et al., 45 id. 376, Decision No. 15,355; Appeal of the Bd. of Trustees of the N. Merrick Public Library, et al., 45 id. 363, Decision No. 15,350).  According to records in possession of the State Education Department, respondent is no longer superintendent of the district’s schools.  Accordingly, petitioner’s request for his removal is academic.

In light of this disposition, I need not address the parties’ contentions.