Opinion
No. 2009-3301.
November 18, 2009.
Petition for review of the Merit Systems Protection Board in NY844E080322-I-2.
Gary V. Grecco, Buffalo, NY, pro se.
Kenneth S. Kessler, Department of Justice, Washington, DC, for Respondent.
ORDER
Petitioner having filed the required Statement Concerning Discrimination,
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The court's November 10, 2009, 370 Fed.Appx. 84, 2009 WL 6084439, dismissal order is vacated, the mandate is recalled, and the petition for review is reinstated.
(2) Respondent's brief is due on or before December 9, 2009.