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The petitioners, Laura Lavey, Matthew Lavey and James Lavey, requested a hearing to challenge the Boston Retirement Board's decision that Gerard Lavey was the appropriate beneficiary of the unexpended balance in James Lavey's retirement account. A hearing was scheduled for January 8, 2009, at 10:00 a.m. at the offices of the Division of Administrative Law Appeals. The respondent appeared for the hearing, but none of the petitioners appeared. Nor did the petitioners send an authorized representative. Pursuant to the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01(7)(g)(2), on January 8, 2009, I ordered the petitioners to show cause why their appeal should not be dismissed for lack of prosecution for their failure to appear at the hearing. The due date for their response was January 23, 2009. No response has been filed to date.
In light of the petitioners' failure to appear for the hearing and their failure to respond to the order to show cause, the petitioners' appeal is hereby dismissed for lack of prosecution.
DIVISION OF ADMINISTRATIVE LAW APPEALS
/s/ Natalie S. Monroe
DATED: March 12, 2009
Order sent to:
Laura A. Lavey, 209 Bolton Street, South Boston, Massachusetts 02127
Edward McKenna, Esq., 66 N Street, South Boston, Massachusetts 02127
Gerard Lavey, 283 C Street, P.O. Box 469, South Boston, Massachusetts 02127