Consolacion B. Snipes, Petitioner, v. Office of Personnel Management, Respondent, 831 F.2d 306 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 831 F.2d 306 (Fed. Cir. 1987) Sept. 23, 1987

Before FRIEDMAN, Circuit Judge, JACK R. MILLER, Senior Circuit Judge, and NIES, Circuit Judge.

PER CURIAM.


DECISION

The decision of the Merit Systems Protection Board (board), Docket No. AT08318610464, dismissing the petition for review of Consolacion B. Snipes as untimely filed, is affirmed.

OPINION

Petitioner was given an opportunity to show good cause why her petition for review of the administrative judge's June 6, 1986 decision affirming OPM's determination that she was no longer eligible for a disability retirement annuity was not filed within the 35 day deadline prescribed by regulation. See 5 C.F.R. Secs. 1201.114(d)-(f) (1986). After considering the evidence submitted, the board determined that petitioner failed to establish good cause for the delay. We are satisfied that the board did not abuse its discretion in making that determination, see Phillips v. United States Postal Service, 695 F.2d 1389 (Fed. Cir. 1982), and that the record supports the action taken for the reasons set forth in the board's opinion.