Decision

Decision  DiBara v. State Bd. of Ret., CR-25-0603

Date: 02/20/2026
Organization: Division of Administrative Law Appeals
Docket Number: CR-25-0603
  • Petitioner: Michael DiBara
  • Respondent: State Board of Retirement
  • Administrative Magistrate: Yakov Malkiel

Order of Dismissal

The parties have determined that in 1986-1988, the petitioner was an “employee[] of Cushing [H]ospital.”  G.L. C. 32, § 3(2)(g).  They agree that with respect to those years, he is entitled to prorated classification in group 2 for retirement purposes.  Id. With the petitioner’s consent, the respondent board moves to dismiss the appeal as moot.  See Fannie Mae v. Branch, 494 Mass. 343, 347-48 (2024). In view of the foregoing, the motion to dismiss is ALLOWED and the appeal is DISMISSED.

Dated:  February 20, 2026

/s/ Yakov Malkiel
Yakov Malkiel
Administrative 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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