Decisions of the Commissioner of Education, Decision No. 18,430

The Commissioner will only decide matters in actual controversy

Appeal of JONATHAN DAVIS from action of the Board of Education of the Board of Trustees of the Mount Vernon Public Library regarding his removal from office.[1]

Decision No. 18,430

(July 1, 2024)

Brill Legal Group, P.C., attorneys for respondent, Peter E. Brill, Esq., of counsel

ROSA., Commissioner. -- Petitioner appeals from the decision of the Board of Trustees of the Mount Vernon Public Library (“respondent”) to remove him from office.  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). 

Petitioner’s request for interim relief was denied on March 11, 2024 and his term as a member of the Board of Trustees expired on June 30, 2024.  Accordingly, there is no further meaningful relief that can be granted, and the appeal must be dismissed (Appeal of Petrocelli, 62 Ed Dept Rep, Decision No. 18,223; Appeal of Ayala, 62 id., Decision No. 18,155).

THE APPEAL IS DISMISSED.