Wald's Catering, Inc. v. Commonwealth Executive Office of Elder Affairs

Plaintiff, Wald’s Catering, Inc. (Wald’s), initiated this action pursuant to G.L.c. 30A, §14 seeking judicial review of the decisions of the Secretary of the Executive Office of Elder Affairs regarding contracts into which Wald’s entered with West Suburban Elder Services, Inc. and Eastern Massachusetts Ko*135sher Consortium of Elder Nutrition Programs. Defendant, Executive Office of Elder Affairs (EOEA), moves pursuant to Mass.R.Civ.P. 12(b)(1) to dismiss Wald’s complaint on the basis that Wald’s did not timely file its action for administrative review. Although Wald’s admits it did not file its…