Decision  Davis v. North Adams. Ret. Bd, CR-25-0011

Date:	06/12/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0011

• Petitioner: William Davis Jr.,
• Respondent: North Adams Retirement Board
• Administrative Magistrate: James P. Rooney

Order of Dismissal

Petitioner William Davis Jr. appealed the December 23, 2024, North Adams Retirement Board’s (NARB) finding that he exceeded the post-retirement earnings limitations and its determination of $8,289.69 owed to the NARB as a refund. 

After some filings concerning whether Mr. Davis filed a timely appeal, on July 22, 2025, an administrative magistrate issued a Scheduling Order noting that the petitioner’s appeal was found to have been timely. The order gave a filing deadline for submissions of evidence and further written arguments of September 2, 2025, for the petitioner and October 14, 2025, for the respondent. The petitioner did not provide any response by the deadline.

On February 27, 2026, I issued an Order to Show Cause asking the petitioner to submit a written response explaining why he did not comply with the Scheduling Order by April 10, 2026. In that order, it was stated that a lack of sufficient response may lead to the dismissal of his appeal. He did not provide any response by the deadline.

Accordingly, I hereby dismiss the Petitioner’s appeal for failure to prosecute.  801 CMR1.01(7)(g)2.

Dated: June 12, 2026

James P. Rooney
Administrative Magistrate
Division of Administrative Law Appeals
14 Summer Street, 4th floor
Malden, MA 02148
Tel:  [phone]
www.mass.gov/dala

Order sent to: 
William Davis Jr. ([e-mail])                        
Michael Sacco, Esq. ([e-mail])