Decision  Thorndycraft v. EOVS, VS-25-0399

Date:	08/07/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	VS-25-0399

• Petitioner: Nadine Thorndycraft
• Respondent: Executive Office of Veterans’ Services
• Administrative Magistrate: Kenneth Bresler

Corrected Order of Dismissal[1]

On January 24, 2025, the Stoneham Department of Veterans’ Services issued a Notice of Action. On April 8, 2025, the Executive Office of Veterans’ Services (EOVS) held a hearing on Stoneham’s Notice of Action. On May 12, 2025, EOVS partly upheld and partly overturned the Notice of Action.

The last paragraph of EOVS’s Decision and Order read:

Any party wishing to appeal this decision must do so within ten (10) days of the receipt of this signed decision, in writing, to the Division of Administrative Law Appeals, 14 Summer Street, 4th Floor, Malden, MA 02148.

See 108 CMR 8 (an aggrieved party may appeal an EOVS decision within 10 days to the Division of Administrative Law Appeals).

On May 21, 2025, Ms. Thorndycraft, through her lawyer, appealed EOVS’s decision to EOVS and the Stoneham Department of Veterans’ Services, but not to DALA. 

On June 26, 2025, EOVS emailed Ms. Thorndycraft’s lawyer, asking whether he had appealed EOVS’s decision to DALA.          

On June 27, 2025, Ms. Thorndycraft moved to file her appeal to DALA late. On July 1, 2025, EOVS opposed the motion.

A deadline for appealing is a jurisdictional requirement. Commonwealth v. Claudio, 96 Mass. App. Ct. 787, 787 (2020). A tribunal lacking jurisdiction has “no authority to enlarge the appeal period.” Id. at 792. Ms. Thorndycraft’s appeal to DALA was late. Therefore, DALA has no jurisdiction over the appeal and must dismiss it.

[1] DALA’s address corrected.

Division of Administrative Law Appeals

____________________________________________

Kenneth Bresler
Administrative Magistrate

Notice sent to:             
James Keane, Esq.
Sarah G. Vincent, Esq.
Kevin Welch, VSO