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Decision No. 18,394

Application of the BOARD OF EDUCATION OF THE NEWBURGH CITY SCHOOL DISTRICT for the removal of Darren Stridiron as President and Member of the Board.

Decision No. 18,394

(March 19, 2024)

Shaw, Perelson, May & Lambert, LLP, attorneys for petitioner, David S. Shaw, Esq., of counsel

ROSA., Commissioner.--Petitioner, the Board of Education of the Newburgh City School District (“petitioner” or “board”) seeks the removal of Darren Stridiron (“respondent”) from the board.  The application must be denied as moot. 

The Commissioner will only decide matters in actual controversy and will not render a decision on a state of facts that no longer exists due to the passage of time or a change in circumstances (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of a Student with a Disability, 48 id. 532, Decision No. 15,940; Appeal of M.M., 48 id. 527, Decision No. 15,937; see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]).  Where the Commissioner can no longer award a petitioner meaningful relief on his or her claims, no live controversy remains and the appeal must be dismissed (Appeal of R.B., 57 Ed Dept Rep, Decision No. 17,394; Appeal of N.C., 40 id. 445, Decision No. 14,522). 

Petitioner concedes that respondent has resigned his position on the board and that his seat has been filled as of February 27, 2024.  Accordingly, petitioner’s application to remove him is moot and must be denied (Application of the Board of Education of the Beekmantown Central School District, 59 Ed Dept Rep, Decision No. 17,718; Appeal of Parrino, 53 id., Decision No. 16,547; Application of the Board of Education of the Lake George Central School District, 52 id., Decision No. 16,467).  To the extent petitioner asserts that the matter is not moot, petitioner has not met its burden to demonstrate that the instant scenario fits within an exception to the mootness doctrine (Application of the Board of Education of the Beekmantown Central School District, 59 Ed Dept Rep, Decision No. 17,718).

THE APPLICATION IS DENIED.

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