Appeal of MARIE AND JOCELYN CHERY, on behalf of their children, from action of the Board of Education of the Sewanhaka Central High School District regarding residency.

Decision No. 18,613

(July 30, 2025)

Bernadette Gallagher-Gaffney, Esq., attorney for respondent

ROSA., Commissioner.--Petitioners appeal the determination of the Board of Education of the Sewanhaka Central High School District (“respondent”) that their two 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).

Following the commencement of this appeal, respondent determined that petitioners and the students reside within the district.  Accordingly, no live controversy remains and the appeal must be dismissed as moot (Appeal of A.C., 63 Ed Dept Rep, Decision No. 18,419; Appeal of C.R. and A.R., 62 id., Decision No. 18,184).

THE APPEAL IS DISMISSED.

END OF FILE