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Division of Administrative Law Appeals
Decision

Toni Sabella v. Teachers' Retirement System, CR-05-133

Date: 12/23/2008
Organization: Division of Administrative Law Appeals
Docket Number: CR-05-133
  • Petitioner: Toni Sabella
  • Respondent: Teachers' Retirement System
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Decision

The Division of Administrative Law Appeals issued a decision affirming the decision denying petitioner's request to participate in RetirementPlus. The copy of the decision in our files is dated May 29, 2006.

By faxed letter dated September 13, 2006, petitioner sought to appeal that decision to us, representing that the decision was dated August 15, 2006. 1 If either date is correct, then the appeal is untimely because G. L. c. 32, § 16, requires that such appeals be brought "within fifteen days after such decision[.]" Accordingly, this case is dismissed for lack of subject-matter jurisdiction. 2

SO ORDERED.

CONTRIBUTORY RETIREMENT APPEAL BOARD

/s/
Joseph I. Martin
Public Employee Retirement Administration Commission Appointee


Vacant
Governor's Appointee

/s/
David A. Guberman
Assistant Attorney General
Chairman
Attorney General's Appointee

Date: December 23, 2008

1 Our file also contains a letter from the Teachers' Retirement System referring to an August 15th decision date.

2 Alternatively, this case would be subject to conditional dismissal under Standing Order 2008-2.

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