Appeal of KHANDY MCGRAW, on behalf of her children, from action of the Board of Education of the Freeport Union Free School District regarding residency.

Decision No. 18,452

(July 29, 2024)

Ingerman Smith, LLP, attorneys for respondent, Steven A. Goodstadt, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the Board of Education of the Freeport Union Free School District (“respondent”) that her children (the “students”) are not district residents.  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). 

Petitioner’s sole request for relief is for the students to be readmitted to respondent’s schools.[1]  Following the initiation of this appeal, respondent enrolled the students in its schools as residents.  Therefore, I can no longer award petitioner any meaningful relief and the appeal must be dismissed as moot (see Appeal of Mizhirumbay, 61 Ed Dept Rep, Decision No. 18,101; Appeal of Lawlor and Vieira, 61 id., Decision No. 18,042).

THE APPEAL IS DISMISSED.

DISMSSED