Appellate Division of the Supreme Court of New York, 2012

Whipple v. New York State & Local Retirement System

Appellate Division of the Supreme Court of New York · Decided January 5, 2012 · Rose

91 A.D.3d 1017; 935 N.Y.2d 919

Cases that cite this one

4 later published cases cite this decision.

Robinson v. State (Appellate Division of the Supreme Court of New York 2013)
Robinson v. State (Appellate Division of the Supreme Court of New York 2013)
Martone v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2012)
Martone v. New York State Comptroller (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion 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., Lahtinen, Kavanagh and McCarthy, JJ., *1018concur. Adjudged that the petition is dismissed, as moot, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.