COMMONWEALTH OF MASSACHUSETTS
CONTRIBUTORY RETIREMENT APPEAL BOARD

DAVID McCARTHY,

Petitioner

v. CR-06-0297

BOSTON RETIREMENT BOARD,

Respondent.

DECISION

Respondent Boston Retirement Board (Boston board) appeals from a decision by an administrative magistrate of the Division of Administrative Law Appeals (DALA) permitting petitioner David McCarthy to purchase credit for his military service. DALA heard the matter on April 19, 2007, and admitted six exhibits. McCarthy testified, and there is a tape cassette of the hearing.

The DALA decision is incorporated by reference and its Findings of Fact 1-6 are adopted as out own. For the reasons stated in the administrative magistrate's Conclusion and Order, we affirm the DALA decision, which turns entirely on the administrative magistrate's assessment of McCarthy's credibility.

We add only that, in the circumstances of this case, the Boston board's appeal from the DALA decision is frivolous. First, in a case that turns on the credibility of oral testimony, the board failed to provide us with a copy of the relevant (or any) portion of the hearing transcript. Second, the Boston board's memorandum of law fails to cite any legal authorities or to make any non-conclusory legal argument in support of its contention that the DALA decision "order[s] the Board to violate the statute [G. L. c. 32, § 4(1)(h)]." 1 Third, the Boston board's memorandum of law fails to provide any record references to support its factual allegations.

The DALA decision is affirmed.

SO ORDERED.
CONTRIBUTORY RETIREMENT APPEAL BOARD

/s/
Joseph I. Martin
Public Employee Retirement Administration Commission Appointee

Vacant
Governor's Appointee

/s/
David A. Guberman
Assistant Attorney General
Chairman
Attorney General's Appointee

Date: December 23, 2008

  1. Boston board Mem. at 4.

This information is provided by the Division of Administrative Law Appeals .