Decision  Baker v. Boston Ret. Sys, & PERAC, CR-23-0058

Date:	02/14/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-23-0058

• Petitioner: Laura Baker
• Respondent: Boston Retirement System & PERAC
• Administrative Magistrate: Melinda E. Troy

Order of Dismissal

By Notice of Rescheduled Hearing (“Notice”) issued October 2, 2024, the Division of Administrative Law Appeals (“DALA”) informed the parties to this appeal that an evidentiary hearing was scheduled for December 17, 2024 at 10AM to be held via the Webex platform.  The Notice was sent via regular and electronic mail to the parties’ addresses of record and advised that the failure to appear would result in the entry of an order of default.

At the scheduled date and time for the hearing, counsel for both of the Respondents appeared.  The Petitioner neither appeared nor contacted DALA to explain her absence.

By Order dated December 17, 2024, I entered an Order of Default in this case. I advised the parties that the default could be removed if the Petitioner replied in writing to DALA with a copy to counsel for both of the Respondents explaining her reasons for failing to appear at the scheduled hearing.  This information was due on or before Tuesday, January 28, 2025.  The Order further advised that failure to respond to this Order would result in the dismissal of this appeal.

DALA has not received a response from the Petitioner related to the December 17, 2024 Order.  As a result, this appeal is dismissed for failure to prosecute. 

Division of Administrative Law Appeals                                                            

Melinda E. Troy

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Melinda E. Troy
Administrative Magistrate