Decision No. 12812

(September 25, 1992)

Shaw & Silveira, Esqs., attorneys for respondent, David S. Shaw, Esq., of counsel

SOBOL, Commissioner.--Petitioner is a resident of the Pocantico Hills Central School District. Prior to the commencement of the appeal, respondent had designated Briarcliff High School as the receiving district for Pocantico Hills students who had completed eighth grade (Education Law '2045). Petitioner appeals respondent's determination which denied her request that the board of education permit her daughter to attend a high school other than the Briarcliff High School upon her graduation from Pocantico Hills. Petitioner requests that I issue an order directing respondent to permit her daughter to attend Sleepy Hollow High School at school district expense upon her graduation from eighth grade. The appeal must be dismissed.

Subsequent to the filing of this appeal, respondent board of education, through its superintendent of schools, requested my permission to designate any public high school within fifteen miles of the residence of a student in the district as the school of attendance for such student. By letter dated May 15, 1992, that request was granted. This will permit petitioner's daughter and others similarly situated to attend high schools, other than Briarcliff, upon completion of eighth grade. Since the relief requested by petitioner has now been achieved by virtue of my approval of respondent's request, there is no longer any matter in controversy and the appeal must be dismissed as moot (Appeal of Mitzner, 31 Ed Dept Rep 139).

THE APPEAL IS DISMISSED.

END OF FILE

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