Appeal of A.C., on behalf of his child, from action of the Board of Education of the East Williston Union Free School District regarding residency.

Decision No. 18,419

(June 12, 2024)

Guercio & Guercio, LLP, attorneys for respondent, John P. Sheahan, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination by the Board of Education of the East Williston Union Free School District (“respondent”) that his child (the “student”) is not a district resident.  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 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).

Following the commencement of this appeal, respondent determined that petitioner and the student reside within the district.  Specifically, as of May 2024, the student has been eligible to attend respondent’s schools as a district resident.  Therefore, petitioner has received all the relief to which he is entitled and the instant appeal must be dismissed as moot (Appeal of C.R. and A.R., 62 Ed Dept Rep, Decision No. 18,184; Appeal of M.L. and A.L., 57 id., Decision No. 17,365).

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

THE APPEAL IS DISMISSED.

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