Legal Opinion

Whipple v. New York State & Local Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 2012PublishedCited by 4 opinions

1Opinion of the Court

— Rose, J.

Respondents advise this Court that the Comptroller has agreed to administratively annul the determination and return the matter to the Hearing Officer for further proceedings at which petitioner’s medical records shall be admitted into evidence and considered in connection with petitioner’s application. In light of the foregoing, petitioner has been provided with all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Stage v DiNapoli, 86 AD3d 857, 858 [2011]; Matter of Neeley v Town of Colonie, 79 AD3d 1560, 1561 [2010]).

Mercure, A.P.J.,…

2Cases cited2 opinions

  1. Stage v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011
  2. Neeley v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by4 opinions

  1. Martone v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Martone v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Robinson v. StateAppellate Division of the Supreme Court of the State of New York · 2013
  4. Robinson v. StateAppellate Division of the Supreme Court of the State of New York · 2013

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