Decision

Decision  Colon v. State Bd. of Ret., CR-22-0295

Date: 01/02/2026
Organization: Division of Administrative Law Appeals
Docket Number: CR-22-0295
  • Petitioner: Javier Colon
  • Respondent: State Board of Retirement
  • Administrative Magistrate: Eric Tennen

Order of Dismissal

The Petitioner appealed the State Board of Retirement’s decision regarding his group classification. He has failed to file a pre-hearing memorandum, despite a prior order to show cause for failure to do the same. The Board has filed two motions to dismiss. Instead of dismissing the matter, he was given another opportunity to respond, which he again failed to do. I then issued an order to show cause on November 20, 2025 asking the Petitioner to respond by December 19, 2025 as to why his appeal should not be dismissed. I indicated failure to respond would result in a dismissal. No response was received.

Accordingly, it is hereby ordered the appeal is dismissed for failure to prosecute.

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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