August 14, 2020

(A “Decision of Interest” in the New York Law Journal, Volume 264—No. 32, dated 08/14/20)
DSB was successful in moving to dismiss the complaint on behalf of a Suffolk County school district. Plaintiff, brought an action on behalf of his 16-year-old son who has developmental disabilities, alleging that the school district violated his son’s due process rights because it opposed plaintiff’s request to have a non-party entity film one of plaintiff’s son’s educational hearings and the Independent Hearing Officer’s ruled not to permit video or audio recording of the hearing. Plaintiff initiated an administrative proceeding, but subsequently voluntarily withdrew it before a hearing was held. DSB moved to dismiss plaintiff’s complaint arguing that plaintiff’s voluntary withdrawal of the administrative complaint rendered the action moot. The United States District Court for the Eastern District of New York granted DSB’s motion and dismissed the plaintiff’s complaint with prejudice, determining that the action is moot.