Decision  Johnston v. State Bd. of Ret., CR-25-0370

Date:	03/27/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0370

• Petitioner: Robert Johnston
• Respondent: State Board of Retirement
• Administrative Magistrate: Yakov Malkiel

Order of Dismissal

This is an appeal from a decision of respondent the State Board of Retirement (board) declining to assign petitioner Robert Johnston to group 4 under G.L. c. 32, § 3(2)(g).  A prehearing order required Mr. Johnston to file a memorandum and exhibits in support of his position.  When Mr. Johnston did not comply, another order required him to show cause why the appeal should not be dismissed for failure to prosecute.  See 801 C.M.R. § 1.01(7)(g)(2).  The order included the warning:  “If you do not provide a valid explanation, your appeal will be dismissed.” Mr. Johnston’s deadline has expired without him filing anything further.  It is therefore ORDERED that this appeal is DISMISSED.[1]

/s/ Yakov Malkiel
Yakov Malkiel
Administrative Magistrate
Division of Administrative Law Appeals

[1] Several appeals presenting claims analogous to Mr. Johnston’s have been consolidated under the lead docket Curley v. State Board of Retirement, No. CR-24-0724.  In a recent conference in that matter, the board’s counsel represented that Mr. Johnston has already reached his maximum “age factor” under G.L. c. 32, § 5(2)(a), such that success in the current appeal would produce no practical consequences for him.  See Amaral v. State Bd. of Ret., No. CR‑25-36 (Div. Admin. Law App. Sept. 19, 2025).