Appeal of BRUCE and MARISA HOROWITZ, on behalf of their daughter MADELYN, from action of the Board of Education of the Croton-Harmon Union Free School District regarding residency.

Decision No. 15,233

(May 23, 2005)

Castro & Remer, P.C., attorneys for petitioners, Daniel V. Remer, Esq., of counsel

Keane & Beane, P.C., attorneys for respondent, Stephanie M. Roebuck, Esq., of counsel

MILLS, Commissioner.--Petitioners appeal the determination of the Board of Education of the Croton-Harmon Union Free School District ("respondent") that their daughter, Madelyn, is not a district resident. The appeal must be dismissed.

By letter dated February 9, 2004, a representative of respondent's Staff and Pupil Personnel Services Office notified petitioners of the district's determination that they were not district residents, and that Madelyn would be removed from the school rolls. This appeal ensued.

By letter dated February 18, 2004, respondent's superintendent informed petitioners that, based upon the district's review of the documentation submitted with their petition, it would permit Madelyn to remain enrolled as a student in the district's schools.

The appeal must be dismissed as moot. The Commissioner of Education will only consider matters in actual controversy and will not render a decision on a state of facts which no longer exist or which subsequent events have laid to rest (Appeal of Passer, 44 Ed Dept Rep ___, Decision No. 15,160; Appeal of Colety, et al., 42 id. 162, Decision No. 14,806). Respondent has agreed to permit Madelyn to remain enrolled as a student in the district's schools. Accordingly, there is no further relief I can accord petitioners.

THE APPEAL IS DISMISSED.

END OF APPEAL