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Decision No. 16,468


 Application of the BOARD OF EDUCATION OF THE LAKE GEORGE CENTRAL SCHOOL DISTRICT for the removal of Robert Bolen, III, as a member of Board of Education of the Lake George Central School District.

Decision No. 16,468

(April 15, 2013)

Girvin & Ferlazzo, PC, attorneys for petitioner, Kristine Amodeo Lanchantin, Esq., of counsel

Matte & Nenninger, PC, attorneys for respondent, Christopher S. Nenninger, Esq., of counsel

KING, JR., Commissioner.--The Board of Education of the Lake George Central School District (“petitioner” or “board”) seeks the removal of Robert Bolen, III (“respondent”) from his position as a member of the board. The application must be denied.

Petitioner alleges that respondent should be removed from office based upon his alleged breach of fiduciary duties and violation of district policy. Respondent generally denies petitioner’s allegations and contends that the application must be denied because it was not properly authorized by the board. Petitioner’s request for interim relief was denied on September 28, 2011.

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 a Student with a Disability, 48 Ed Dept Rep 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; Appeal of Embro, 48 id. 204, Decision No. 15,836). Pursuant to §276.5 of the Commissioner’s regulations, petitioner has submitted an affidavit from its superintendent stating that respondent was defeated in the May 2012 school board election and is no longer a member of the board. Accordingly, petitioner’s application to remove him is moot.

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