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Decision No. 15,682

Appeal of CARLOS VALLEJO, on behalf of his children BRYAN and MARILYN, from action of the Board of Education of the Pleasantville Union Free School District regarding residency. 

Decision No. 15,682

(November 5, 2007)

Shaw, Perelson, May & Lambert, LLP, attorneys for respondent, Margo L. May, Esq., of counsel

MILLS, Commissioner.-- Petitioner appeals the determination of the Board of Education of the Pleasantville Union Free School District (“respondent”) that his children, Bryan and Marilyn, are not district residents.  The appeal must be dismissed. 

     Petitioner contends that he and his children reside within respondent’s district and that any absence of his children from the district was short-term, due to marital difficulties.  Petitioner seeks a determination that Bryan and Marilyn are district residents. 

By letter dated September 11, 2007, respondent advised my Office of Counsel that upon receipt of new documentation from petitioner establishing residency, petitioner’s children were re-admitted to the district. 

     Under these circumstances, 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).  The re-admission of petitioner’s children based on new documentation has rendered moot petitioner’s claims (Appeal of Ovile, 46 Ed Dept Rep ___, Decision No. 15,610).