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Decision No. 17,202

Appeal of STEVEN WHITE from action of the Board of Education of the East Ramapo Central School District regarding a transportation contract.

Decision No. 17,202

(October 3, 2017)

Harris Beach, PLLC, attorneys for respondent Board of Education of the East Ramapo Central School District, Douglas E. Gerhardt, Esq., of counsel

McLaughlin & Stern, LLP, attorneys for Brega Transport Corp., Ralph R. Hochberg, Esq., of counsel

ELIA, Commissioner.--Petitioner appeals a determination of respondent Board of Education of the East Ramapo Central School District (“respondent board”) to award a school bus transportation contract to Brega Transportation, Inc. (“Brega”).[1]  The appeal must be dismissed.

On March 28, 2017, respondent board, conditioned upon voter approval, voted to award Brega a five-year school bus transportation service contract to run from 2017 through 2022.  This appeal ensued.  Petitioner’s request for interim relief was denied on May 15, 2017. 

According to the record, prior to the award of the school bus transportation service contract, the United States Department of Transportation, Federal Transit Administration, suspended Richard Brega and all his companies, including Brega, from participation in federally funded transactions due to criminal charges brought against him.

Petitioner asserts that Brega was not the lowest responsible bidder, that its owner, Richard Brega, was indicted by the U.S. District Court for the Southern District of New York on criminal charges, and that Brega was suspended from participating in federally-funded transactions.  As relief, petitioner seeks an order annulling the contract.

Respondent board argues that the petitioner lacks standing to maintain the appeal.  Both respondent board and Brega contend that the appeal is moot.

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 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).

According to the record, on May 8, 2017, respondent board rescinded the award of the bus transportation service contract to Brega.

In light of said rescission, there is no longer an actual controversy.  Petitioner’s appeal is, therefore, moot and must be dismissed.

Because this appeal is dismissed on procedural grounds, I need not address the parties’ remaining contentions.




[1] Although petitioner and respondent board refer to Brega Transportation, Inc., the company’s submissions refer to Brega Transport Corp.