Baylon v. Office of Personnel Management

ORDER

MICHEL, Circuit Judge.

Mario Baylon responds to the issue of whether his petition for review should be dismissed.

Baylon petitions this court for review of a Merit Systems Protection Board decision denying his request for an annuity under the Civil Service Retirement System (CSRS). In the initial decision, the administrative judge determined that Baylon was not entitled to a CSRS annuity because his service was pursuant to an excepted indefinite appointment. See Rosete v. Office of Personnel Management, 48 F.3d 514 (Fed.Cir.1995) (upholding OPM’s statutory interpretation that indefinite ap*501p…