Antonio G. Abuy, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 92 F.3d 1203 (Fed. Cir. 1996)

ORDER

On March 21, 1996, we directed Antonio G. Abuy to respond to the issue of whether his notice of appeal was timely. Abuy submits a response, but does not address the timeliness issue.

On June 26, 1992, the Court of Veterans Appeals entered judgment in Abuy's case. On February 5, 1996, nearly four years after the entry of judgment by the Court of Veterans Appeals, this court received Abuy's notice of appeal. An appeal from the Court of Veterans Appeals must be filed within 60 days after the date of entry of the judgment. 38 U.S.C. § 7292(a); 28 U.S.C. § 2107; Fed. R. App. P. 4(a) (1). We have no authority to waive this statutorily imposed requirement. Placeway Constr. Corp. v. United States, 713 F.2d 726, 728 (Fed. Cir. 1983). Because Abuy's notice of appeal was not filed within 60 days of entry of judgment by the Court of Veterans Appeals, we must dismiss his appeal. See Sofarelli Associates, Inc. v. United States, 716 F.2d 1395 (Fed. Cir. 1983) (appeal must be dismissed for lack of jurisdiction where notice of appeal is untimely).

Accordingly,

IT IS ORDERED THAT:

(1) Abuy's appeal is dismissed.

(2) Each side shall bear its own costs.