Opinion
65461.
DECIDED JANUARY 31, 1983.
Administrative appeal. Habersham Superior Court. Before Judge Gunter.
Michael J. Bowers, Attorney General, Susan V. Boleyn, Assistant Attorney General, Victoria Soto, Staff Assistant Attorney General, for appellant.
Thomas L. Carter, Jr., for appellee.
This is a direct appeal from an order of the Superior Court of Habersham County rendered March 24, 1982, affirming a decision of the State Personnel Board which reversed the termination of appellee's employment as a correctional officer II at the Georgia Industrial Institute in Alto, Georgia. Because the appeal was not brought under the discretionary appeal provisions of OCGA § 5-6-35 (Code Ann. § 6-701.1), it must be dismissed for lack of jurisdiction. Porter v. Marcus, 156 Ga. App. 368 ( 274 S.E.2d 168) (1980); Evans v. Davey, 154 Ga. App. 269 ( 267 S.E.2d 875) (1980).
Recognizing this jurisdictional defect, counsel for appellant has moved for an out-of-time application for discretionary appeal, offering as explanation for the delay some confusion resulting from the reorganization of the State Law Department. We find no authority to grant such a motion under OCGA § 5-6-35 (Code Ann. § 6-701.1).
Appeal dismissed. Deen, P. J., and Carley, J., concur.