Appeal of J.T., on behalf of his child, from action of Section 2 of the New York State Public High School Athletic Association regarding participation in interscholastic athletics.

Decision No. 18,415

(June 3, 2024)

Bartlett, Pontiff, Stewart & Rhodes, P.C., attorneys for respondent, Karla Williams Buettner, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the determination of Section 2 of the New York State Public High School Athletic Association (“NYSPHSAA”) denying an extended eligibility waiver for his child (the “student”) to play basketball for the 2023-2024 winter sports season.  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). 

As far as can be gleaned from the papers submitted by petitioner, the student seeks extended eligibility to be able to play basketball for the 2023-2024 winter sports season.  The winter sports season for the 2023-2024 school year has ended.  Consequently, there is no relief that can be granted and the appeal must be dismissed as moot (Appeal of a Student with a Disability, 59 Ed Dept Rep, Decision No. 17,806; Appeal of E.M., 59 id., Decision No. 17,798). 

THE APPEAL IS DISMISSED.

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