Decision  Silva v. MTRS, CR-25-0478

Date:	06/12/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0478

• Petitioner: Roy Silva
• Respondent: Massachusetts Teachers’ Retirement System
• Administrative Magistrate: James P. Rooney

Order of Dismissal

The Petitioner, Roy Silva, appealed the Massachusetts Teachers’ Retirement System’s denial of his request to purchase creditable service. The Division of Administrative Law Appeals issued a First Pre-Hearing Order dated September 12, 2025, requiring the Petitioner to confer with MTRS’ counsel by October 10, 2025, and for the parties to submit a Joint Pre-Hearing Memorandum by November 7, 2025. On November 7, 2025, a request for extension to file the Joint Pre-Hearing memo was granted giving the parties until November 21, 2025. No submission was received. On January 16, 2026, an Administrative Magistrate reached out to the parties regarding the status of the case. Mr. Silva responded on January 16, 2026, that the current director of the program does not view the program as an alternative high school, and although he disagrees, he does not know what recourse he has.

On January 23, 2025, I issued an Order to Show Cause asking the Petitioner to respond by March 23, 2026, with his Pre-Hearing Memorandum outlining evidence he had to show his eligibility to purchase service with CITI Youth Build of Greater Lowell. In that Order, I indicated that I may dismiss the matter if the petitioner failed to provide a sufficient response. He did not provide any response by the deadline.

Accordingly, I hereby dismiss the Petitioner’s appeal for failure to prosecute.  801CMR1.01(7(g)2.

James P. Rooney 
Administrative Magistrate
Division of Administrative Law Appeals
14 Summer Street, 4th floor
Malden, MA 02148
Tel:  [phone]
www.mass.gov/dala

Order sent to: 
Roy Silva ([e-mail])
Lori Krusell, Esq. ([e-mail])