Decision

Decision  Abbruzzese v. Newton Ret. Sys., CR-25-0010

Date: 01/02/2026
Organization: Division of Administrative Law Appeals
Docket Number: CR-25-0010
  • Petitioner: Michael Abbruzzese
  • Respondent: Newton Retirement System
  • Administrative Magistrate: Eric Tennen

Order of Dismissal

The Petitioner appealed the Newton Retirement System’s (System) calculation of his excess earnings. While the appeal was pending, the parties entered into a settlement agreement that seems to have resolved the issues in this case. The System then filed a motion for summary decision which the Petitioner did not oppose. Because it appears the matter is now moot, and the Petitioner does not oppose the motion for summary decision, I am conditionally dismissing it.  See 801 CMR 1.01(7)(g)(3).  The dismissal will become final by January 30, 2026 unless by that date Mr. Abbruzzese files a request to keep the appeal open and states what issues remain to be resolved.  If Mr. Abbruzzese agrees with the dismissal, he need take no action.   

Dated: January 2, 2026                                   

Eric Tennen 
______________________________
Eric Tennen, Magistrate
Division of Administrative Law Appeals
14 Summer Street, 4th floor
Malden, MA 02148
Tel:  (781) 397-4700
www.mass.gov/dala

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