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March 29, 2024

Commissioner of Education dismissed an application seeking the removal of an individual from a board of education after finding the application "moot"

 The Board of Education [Board] petitioned the Commissioner of Education seeking to remove the President and member of the Board. The Commissioner denied the application as "moot". 

The Commissioner's decision explained that 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" or where the Commissioner "can no longer award a petitioner meaningful relief ...."

The Board conceded that the individual it sought to have the Commissioner remove had resigned from the position and that an appointment had been made to the then vacant position. Accordingly, the Commissioner found that the Board's application "was moot and must be denied."

Although the Board contended that the matter was not moot, the Commissioner, citing Application of the Board of Education of the Beekmantown Central School District, 59 Ed Dept Rep, Decision No. 17,718, found that the Board had not met its burden to demonstrate the matter "fits within an exception to the mootness doctrine."

The staff of FindLaw has posted an item captioned Exceptions to the Mootness Doctrine on the Internet at https://constitution.findlaw.com/article3/exceptions-to-the-mootness-doctrine.html, which was last reviewed by Renee Guolee, J.D. July 15, 2022.

Click HERE to access the Commission's decision posted on the Internet.

 

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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