| Date: | 07/18/2025 |
|---|---|
| Organization: | Division of Administrative Law Appeals |
| Docket Number: | CR-22-0160 |
- Petitioner: Tracy Fitzgerald
- Respondent: State Board of Retirement
- Administrative Magistrate: Eric Tennen
- This page, Fitzgerald v. State Bd. of Ret., CR-22-0160, is offered by
- Division of Administrative Law Appeals
Decision
Decision Fitzgerald v. State Bd. of Ret., CR-22-0160
Table of Contents
Order of Dismissal
This matter was stayed because the Petitioner indicated she had initiated a lawsuit in Federal Court which addressed the same issues raised in this appeal. However, during that time, the Board indicates that it reconsidered its position, and by November 2024, the Petitioner received the benefits she sought to enforce in this appeal. The Petitioner has not disputed the Board’s representation.
Accordingly, because the matter appears to be moot, I am issuing this order of conditional dismissal. 803 Code Mass. Regs. § 1.01(7)(g)3. The dismissal will become final on August 15, 2025 unless Ms. Fitzgerald files a request to keep the appeal open and states what issues remain to be resolved. If she agrees that the appeal has been resolved, she need not take any action.
Eric Tennen
_________________________________
Eric Tennen, Magistrate
Division of Administrative Law Appeals
Malden, MA 02148
Tel: (781) 397-4700
www.mass.gov/dala
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Fitzgerald v. State Bd. of Ret., CR-22-0160
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