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KRIZMAN v. MERIT SYSTEMS PROTECTION BD.

No. 95-3288.

77 F.3d 434 (1996)

Daniel R. KRIZMAN, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and United States Postal Service, Intervenor.

United States Court of Appeals, Federal Circuit.

February 20, 1996.

Attorney(s) appearing for the Case

Stuart A. Abramson, Sea Cliff, New Jersey, argued in support of petitioner. C.B. Weiser, Germantown, Tennessee, was on the brief for petitioner.

Eric D. Flores, Office of General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. With him on the brief were Mary L. Jennings, Acting General Counsel and Martha B. Schneider, Assistant General Counsel.

Luis M. Matos, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, was on the brief for intervenor. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Of counsel were R. Andrew German, Chief Counsel and Bruce M. Reimer, Appellate Division, United States Postal Service, Washington, DC.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Petitioner Daniel R. Krizman seeks review of a decision of the Merit Systems Protection Board dismissing his appeal on the ground that it was untimely filed. Krizman v. United States Postal Serv., 66 M.S.P.R. 233 (1995). We conclude that the Board did not abuse its discretion in finding that Krizman failed to establish good cause to excuse his untimely filing, and we therefore affirm.

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