Clark v. Fascio

Supreme Court of Rhode Island

Clark v. Fascio

264 A.2d 317, 106 R.I. 751, 1970 R.I. LEXIS 984

CourtSupreme Court of Rhode Island

DecidedMarch 26, 1970

DocketAppeal No. 955

StatusPublished

Cited by4 cases

This text of 264 A.2d 317 (Clark v. Fascio) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Fascio, 264 A.2d 317, 106 R.I. 751, 1970 R.I. LEXIS 984 (R.I. 1970).

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Opinion

Per Curiam.

This is an employee’s appeal from a judgment of the Superior Court affirming the respondent board’s denial of the employee’s petition for benefits under the Department of Employment Security Act.

This case is controlled by our holding in Madison v. Rhode Island Bd. of Review of Dept. of Employment Security, 105 R. I. 69, 249 A.2d 100, wherein we ruled that any person who is aggrieved by a Superior Court judgment relating to an administrative determination made within the *752 Department of Employment Security cannot appeal to this court as a matter of right but must, pursuant to G. L. 1956, §42-35-16, as amended by P. L. 1966, chap. 213, sec. 1, invoke our discretion by applying for a writ of certiorari within seven days of the Superior Court judgment. The employee’s failure to comply with the statute precludes this court from exercising its discretion.

Adler, Pollock & Sheehan, William J. Sheehan, Peter Lawson Kennedy, for petitioner. Irving J. Bilgor, for respondents.

The petitioner’s appeal is denied and dismissed, and the judgment appealed from is affirmed.

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Per Curiam.

This is an employee’s appeal from a judgment of the Superior Court affirming the respondent board’s denial of the employee’s petition for benefits under the Department of Employment Security Act.

This case is controlled by our holding in Madison v. Rhode Island Bd. of Review of Dept. of Employment Security, 105 R. I. 69, 249 A.2d 100, wherein we ruled that any person who is aggrieved by a Superior Court judgment relating to an administrative determination made within the *752 Department of Employment Security cannot appeal to this court as a matter of right but must, pursuant to G. L. 1956, §42-35-16, as amended by P. L. 1966, chap. 213, sec. 1, invoke our discretion by applying for a writ of certiorari within seven days of the Superior Court judgment. The employee’s failure to comply with the statute precludes this court from exercising its discretion.

Adler, Pollock & Sheehan, William J. Sheehan, Peter Lawson Kennedy, for petitioner. Irving J. Bilgor, for respondents.

The petitioner’s appeal is denied and dismissed, and the judgment appealed from is affirmed.

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Bluebook (online)

264 A.2d 317, 106 R.I. 751, 1970 R.I. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-fascio-ri-1970.

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