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HERRICK v. ESSEX REGIONAL RETIREMENT BOARD

No. 06-P-334.

68 Mass. App. Ct. 187 (2007)

ROBERT D. HERRICK v. ESSEX REGIONAL RETIREMENT BOARD.

Appeals Court of Massachusetts, Essex.

February 7, 2007.

Attorney(s) appearing for the Case

H. Ernest Stone for the plaintiff.

William J. Lundregan for the defendant.

Present: Perretta, Cowin, & Mills, JJ.

MILLS, J.

Robert D. Herrick filed a complaint seeking review of a final agency action denying him retirement benefits, but he failed to name the proper party defendant, the Contributory Retirement Appeal Board (CRAB). By the time he moved to amend his complaint to add CRAB, the time limit for filing a complaint pursuant to G. L. c. 30A, § 14(1), had expired. In this case, we decide that his failure to initially name CRAB is not fatal, and that the rules governing...

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