Unpublished Dispositionedwin Furlow, Petitioner, v. Veterans Administration, Respondent, 829 F.2d 42 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 829 F.2d 42 (Fed. Cir. 1987) Aug. 11, 1987

Before MARKEY, Chief Judge, BALDWIN, Senior Circuit Judge, and SMITH, Circuit Judge.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board (board), Docket No. SL07528710122, dismissing as untimely Edwin Furlow's (Furlow's) appeal from his removal from the Veterans Administration, is affirmed.

OPINION

The only issue properly before us is whether the board abused its discretion in dismissing Furlow's appeal as untimely. Furlow has not explained why he failed to file a petition for appeal until more than three months after the deadline, and has not, therefore, shown good cause why that untimeliness should be waived. 5 C.F.R. Secs. 1201.12, 1201.22(c) (2). On the present record, we are unable to conclude that the board's order dismissing his petition for appeal was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or that it was unsupported by substantial evidence. 5 U.S.C. § 7703(c) (1982); see Phillips v. United States Postal Service, 695 F.2d 1389, 1390-91 (Fed. Cir. 1982).