Appeal of O.A-B., on behalf of her child, from action of Section 1 of the New York State Public High School Athletic Association regarding the denial of athletic eligibility.

Decision No. 18,492

(September 9, 2024)

Thomas, Drohan, Waxman, Petigrow & Mayle, LLP, attorneys for respondent, Pamela D. Bass, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of Section 1 of the New York State Public High School Athletic Association (“respondent”) that her child (the “student”) is not eligible to participate in interscholastic sports for the Elmsford Union Free 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’s request for interim relief was granted on December 28, 2023, allowing the student to participate in athletic contests during the pendency of this appeal.  The district’s 2023-2024 school year has concluded, along with its interscholastic athletics seasons.  As indicated in the stay order, any contests in which the student participated under the order shall be considered valid.  Accordingly, there is no further relief that can be granted (Appeal of a Student with a Disability, 58 Ed Dept Rep, Decision No. 17,663).

THE APPEAL IS DISMISSED.

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