Decision  McCullough v. State Bd. of Ret., CR-22-0434

Date:	01/10/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-22-0434

• Petitioner: Virginia McCullough
• Respondent: State Board of Retirement

Order of Dismissal

This is an appeal from the State Board of Retirement’s initial denial of the Petitioner’s application for Group 2 status. After a hearing, the Board reconsidered its decision and agreed the Petitioner should be classified in Group 2. It submitted a letter to the Petitioner indicating this updated decision. I issued an order to show cause asking the Petitioner why the appeal should not be dismissed as moot. Petitioner’s counsel responded, acknowledging the Board’s reconsideration; counsel also included a copy of the Board’s adjustment letter, indicating a new monthly payment reflecting the change in her group status. In his submission, counsel stated the appeal was not moot when filed, which I acknowledge. But counsel gives no reason why the appeal should continue.

Accordingly, because the Petitioner has received the relief she sought in her appeal, it is hereby dismissed as moot.

                                                                 DIVISION OF ADMINISTRATIVE LAW APPEALS   

                                                                Eric Tennen      
                                                                Eric Tennen 
                                                                Administrative Magistrate