Decision  Kalil v. State Bd. of Ret., CR-25-0349

Date:	03/27/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0349

• Petitioner: Tina Kalil
• 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 Tina Kalil to group 4 under G.L. c. 32, § 3(2)(g).  A prehearing order required Ms. Kalil to file a memorandum and exhibits in support of her position.  When Ms. Kalil did not comply, another order required her 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.”  Ms. Kalil’s deadline has expired without her 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 Ms. Kalil’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 Ms. Kalil has already reached her maximum “age factor” under G.L. c. 32, § 5(2)(a), such that success in the current appeal would produce no practical consequences for her.  See Amaral v. State Bd. of Ret., No. CR‑25-36 (Div. Admin. Law App. Sept. 19, 2025).