Appeal of ALEX ALMENDARES, on behalf of his child, from action of the Board of Education of the Freeport Union Free School District regarding residency.

Decision No. 18,564

(May 8, 2025)

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

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the Freeport 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, petitioner informed respondent that he no longer desired a decision in this matter as the student currently resided with his mother outside respondent’s district and attended another school district.  Accordingly, petitioner no longer seeks the relief requested in the appeal, no live controversy remains, and the appeal must be dismissed as moot (Appeal of Bahel, 62 Ed Dept Rep, Decision No. 18,241; Appeal of Cardenas, 62 id., Decision No. 18,187).  Should petitioner seek to enroll the student in respondent’s district in the future, he may reapply at the local level (8 NYCRR 100.2 [y]).

THE APPEAL IS DISMISSED.

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