Appeal of L.L., on behalf of her nephew, from action of the Board of Education of the Syosset Central School District regarding student discipline.

Decision No. 18,572

(June 16, 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 Syosset Central School District (“respondent”) that her nephew (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). 

In December 2024, Nassau County Family Court issued a temporary order of guardianship granting temporary custody of the student to petitioner.  Based upon this order, respondent agreed to re-enroll the student.  Therefore, I can no longer award petitioner any meaningful relief on her claims and the appeal must be dismissed as moot (Appeal of M.F.G., 64 Ed Dept Rep, Decision No. 18,562; Appeal of Campbell, 64 id., Decision No. 18,554; Appeal of McGraw, 64 id., Decision No. 18,452).

THE APPEAL IS DISMISSED.

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