Appeal of AJI THOMAS on behalf of her child, from action of the Board of Education of the New Hyde Park-Garden City Park Union Free School District regarding residency.

Decision No. 18,487

(August 28, 2024)

Gina DeCrescenzo, P.C., attorneys for petitioner, Gina M. DeCrescenzo, Esq., of counsel

Keane & Beane, P.C., attorneys for respondent, Sharon N. Berlin, Esq., of counsel

ROSA., Commissioner.--Petitioner appeals the decision of the Board of Education of the New Hyde Park-Garden City Park Union Free School District (“respondent”) that her child (the “student”) is not a district resident.  The appeal must be dismissed as moot.

In a decision dated October 23, 2023, respondent determined that the student was not a district resident entitled to attend respondent’s schools.  This appeal ensued.  Petitioner’s request for interim relief was granted on November 17, 2023.

Petitioner seeks a determination that the student is a resident of the district entitled to attend the district’s schools tuition-free.

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. 27, 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).

Subsequent to submission of this appeal, petitioner voluntarily withdrew the student from respondent’s schools on February 16, 2024 and enrolled the student in another school district.  Therefore, because petitioner voluntarily removed the student from the district and no longer seeks the relief sought in this appeal, the appeal must be dismissed as moot (Appeal of Cardenas, 62 Ed Dept Rep, Decision No. 18,187; see Appeal of L.P., 61 Ed Dept Rep, Decision No. 18,080; Appeal of L.T., 60 id., Decision No. 17,965; Appeal of M.G. and W.G., 60 id., Decision No. 17,878).

THE APPEAL IS DISMISSED.

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