IN RE HAKEEM JEFFRIES

Malone Jr., J.

In December 2010, petitioners commenced this proceeding seeking to annul a determination of respondent Commissioner of Education that Cathleen Black was an "exceptionally qualified person[]" (Education Law § 3003; see 8 NYCRR 80-3.10 [b] [3]) eligible to receive a superintendent's certificate — also known as a school district leader certificate — which she needed to serve as Chancellor of the New York City Public Schools ( see Education Law § 3003). Supreme Court dismissed the petition and petitioners appeal.

Given that Cathleen Black resigned from her position as Chancellor in April 2011, this proceeding no longer involves a determination of "the rights of persons which are actually controverted in a particular case pending before [any] tribunal" ( Matter of Hearst Corp. v Clyne, 50 NY2d 707, 713). Therefore, this proceeding must be dismissed as moot. Because we are not persuaded that the issue presented in this appeal has a sufficient likelihood of repetition and is a phenomenon typically evading review ( see id. at 714-715), we do not agree with petitioners that the exception to the mootness doctrine applies.

Ordered that the appeal is dismissed, as moot, without costs.