Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Talicol v. Office of Personnel Management

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: September 24, 1990.

EMILIANO R. TALICOL, PETITIONER,
v.
OFFICE OF PERSONNEL MANAGEMENT, RESPONDENT

Appeal from the Merit Systems Protection Board; No. SE08318910184.

Rich, Circuit Judge, Skelton and Baldwin, Senior Circuit Judges.

Per Curiam

DECISION

Emiliano R. Talicol (Talicol) appeals from the May 15, 1989 decision of the Administrative Judge (AJ), docket number SE08318910184, which became the final decision of the Merit Systems Protection Board (Board) when the board denied review on January 26, 1990. The AJ dismissed Talicol's appeal because it was untimely. We affirm.

The AJ dismissed Talicol's appeal of a decision of the Office of Personnel Management (OPM) because Talicol neither appealed from OPM's decision within the 25 day limit prescribed by law, 5 C.F.R. ยง 831.110, nor demonstrated "good cause" for a waiver of the timeliness requirement.

On appeal Talicol does not attempt to explain why the AJ's decision on timeliness was wrong, or why the AJ erred in not finding "good cause" to waive the 25 day limit. Rather, Talicol argues that OPM erred in denying his civil service retirement annuity.

That is not the issue. Although the AJ did discuss the merits of OPM's decision, she dismissed Talicol's appeal to the Board as untimely. To obtain reversal, Talicol must show error in the AJ's holding of untimeliness. Since Talicol has not attempted that, we affirm.

19900924

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.