Decision

Decision  Florek v. MTRS, CR-18-0321

Date: 11/07/2025
Organization: Division of Administrative Law Appeals
Docket Number: CR-18-0321
  • Petitioner: Angela Florek
  • Respondent: Massachusetts Teachers’ Retirement System
  • Administrative Magistrate: Yakov Malkiel

Order of Dismissal

Petitioner Angela Florek, a teacher, brought this appeal to challenge her exclusion from the benefits program known as Retirement Plus.  G.L. c. 32, § 5(4).  Thereafter, the Legislature allowed a large group of teachers to enroll in Retirement Plus during the first half of 2023.  See Acts 2022, c. 134.  Respondent the Massachusetts Teachers’ Retirement System reports that Ms. Florek is among the teachers who have taken advantage of that opportunity.

A prior order afforded Ms. Florek an opportunity to state whether and why any dispute in this matter remains live.  Ms. Florek was advised that her failure to respond would result in dismissal of the appeal.  Her deadline having expired, Ms. Florek has filed nothing further.  Dismissal is therefore warranted based on mootness and failure to prosecute.  See 801 C.M.R. § 1.01(7)(g)(2); Fannie Mae v. Branch, 494 Mass. 343, 347-48 (2024).

In view of the foregoing, it is hereby ORDERED that this appeal is DISMISSED.

Dated:  November 7, 2025

/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

Downloads

Help Us Improve Mass.gov  with your feedback

Please do not include personal or contact information.
Feedback