Appeal of C.C., on behalf of her child, from action of the Board of Education of the Lawrence Union Free School District regarding residency.

Decision No. 18,666

(December 17, 2025)

Minerva & D’Agostino, PC, attorneys for respondent, Christopher G. Kirby, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals a determination of the Board of Education of the Lawrence Union Free School District (“respondent”) that her 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Following the commencement of this appeal, respondent determined that the student was a district resident and rescinded its September 19, 2025 determination.  Therefore, petitioner has received the relief that she requested, and the appeal must be dismissed as moot (see Appeal of T.W., 64 Ed Dept Rep, Decision No. 18,506; Appeal of C.R. and A.R., 62 id., Decision No. 18,184).

THE APPEAL IS DISMISSED.

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