Yes. When Cathleen Black was announced by Mayor Bloomberg to become the next Chancellor in 2010 many in and outside of the education community were concerned that she lacked none of the qualifications required in Education Law 3003. While the mayor applied for and obtained a waiver for State Education Commissioner David Steiner several proceedings were commenced to challenge Steiner’s waiver. When first heard in Albany Supreme Court, Acting Justice Gerald W. Connolly denied the petitions writing that Steiner’s decision was not arbitrary and well within his discretion. The petitioners appealed to the Third Appellate Division and the appeals court denied their appeal.
The Appellate Division found that since Black had resigned the issue was moot and no exception to mootness was sufficiently demonstrated by the appellants.
In the Matter of HAKEEM JEFFRIES, as Parent and Guardian of JEREMIAH JEFFRIES et al., Infants, et al., Appellants, v DAVID M. STEINER, as Commissioner of Education, et al., Respondents. (And Another Related Proceeding.), 511395, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, 2011 NY Slip Op 5166; 2011 N.Y. App. Div. LEXIS 5051, June 16, 2011, Decided, June 16, 2011, Entered