Skip to main content

Decision No. 15,612

Appeal of MICHAEL J. CHRISTIE from action of the Board of Education of the City School District of the City of Utica regarding a nominating petition.

Decision No. 15,612

(July 17, 2007)

Donald R. Gerace, Esq., attorney for respondent

AHEARN, Acting Commissioner.--Petitioner appeals a decision by the Board of Education of the City School District of the City of Utica (“respondent”) rejecting his nominating petition for a seat on the board.  The appeal must be dismissed.

On April 26, 2007, respondent rejected petitioner’s nominating petition because of his alleged failure to have the requisite number of qualified voters’ signatures.  This appeal ensued.

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 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).  In his request for relief, petitioner seeks a one week stay of the May 15, 2007 election and a determination that his name be placed on the ballot.  Petitioner’s request for a stay was denied on May 15, 2007.  Because petitioner seeks no other relief beyond the stay request, petitioner’s appeal is moot (Appeal of Eckel, 46 Ed Dept Rep ___, Decision No. 15,507; Appeal of Hempstead Parents/Community United, 45 id. 354, Decision No. 15,346).