Appeal of CHRISTOPHER DIETZ, on behalf of his child, from action of Section 2 of the New York State Public High School Athletic Association Inc. and the Board of Education of the Schenectady City School District regarding interscholastic athletics.

Decision No. 18,490

(September 9, 2024)

Bartlett, Pontiff, Stewart & Rhodes, P.C., attorneys for respondent Section 2 of the New York State Public High School Athletic Association Inc., Karla Williams Buettner, Esq., of counsel

Honeywell Law Firm, PLLC, attorneys for respondent Board of Education of Schenectady City School District, Douglas E. Gerhardt, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of Section 2 of the New York State Public High School Athletic Association Inc. (“respondent”) that his child (the “student”) is not eligible to participate in interscholastic sports for the Schenectady City School District (“district”) during the 2023-2024 school year.  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 requested interim relief in March 2024, which was denied on March 25, 2024.  The 2023-2024 school year has concluded and the student graduated in June 2024.  Accordingly, there is no further relief that can be granted and the matter must be dismissed as moot (Appeal of J.T., 63 Ed Dept Rep, Decision No. 18,417; Appeal of K.P., 62 id., Decision No. 18,227; Appeal of a Student with a Disability, 58 id., Decision No. 17,633).

THE APPEAL IS DISMISSED

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