Toth v. Merit Systems Protection Board

William Toth, Jr., seeks review of the Administrative Judges ("AJs") initial decision, in Docket No. NY-0752-97-0393-I-1, dismissing his appeal from a removal action as untimely filed. That decision became final on October 24, 1997, when the Merit Systems Protection Board (the "Board") denied review. Because Mr. Toth filed his appeal more than a year late, and because he did not present sufficient evidence to establish good cause for his failure to meet the filing deadline, the Boards dismissal was not an abuse of discretion. Therefore, we must affirm.