Emiliano R. Talicol, Petitioner, v. Office of Personnel Management, Respondent, 915 F.2d 1584 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 915 F.2d 1584 (Fed. Cir. 1990) Sept. 24, 1990

Before RICH, Circuit Judge, and SKELTON and BALDWIN, Senior Circuit Judges.

DECISION

PER CURIAM.


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.

OPINION

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. Sec. 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.