Clark v. Silvestri

Massachusetts Supreme Judicial Court

Clark v. Silvestri

685 N.E.2d 753, 426 Mass. 1001, 1997 Mass. LEXIS 371

CourtMassachusetts Supreme Judicial Court

DecidedOctober 16, 1997

StatusPublished

This text of 685 N.E.2d 753 (Clark v. Silvestri) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Silvestri, 685 N.E.2d 753, 426 Mass. 1001, 1997 Mass. LEXIS 371 (Mass. 1997).

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Opinion

Paul W. Clark, Jr. (petitioner), appeals to the full court under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from a single justice’s denial of relief under G.L. c. 211, § 3.

We assume, without deciding, that the Housing Court judge’s “striking” of the petitioner’s demand for a jury trial is an interlocutory order, and that the petitioner has explained why review of the judge’s decision cannot adequately be obtained on appeal or by other available means. See S.J.C. Rule 2:21 (2). Nevertheless, the petitioner has not demonstrated that the single justice abused his discretion or committed a clear error of law. Greco v. Suffolk Div. of the Probate & Family Court Dep’t, 418 Mass. 153, 156 (1994), and cases cited.

Judgment affirmed.

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Paul W. Clark, Jr. (petitioner), appeals to the full court under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from a single justice’s denial of relief under G.L. c. 211, § 3.

We assume, without deciding, that the Housing Court judge’s “striking” of the petitioner’s demand for a jury trial is an interlocutory order, and that the petitioner has explained why review of the judge’s decision cannot adequately be obtained on appeal or by other available means. See S.J.C. Rule 2:21 (2). Nevertheless, the petitioner has not demonstrated that the single justice abused his discretion or committed a clear error of law. Greco v. Suffolk Div. of the Probate & Family Court Dep’t, 418 Mass. 153, 156 (1994), and cases cited.

Judgment affirmed.

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Bluebook (online)

685 N.E.2d 753, 426 Mass. 1001, 1997 Mass. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-silvestri-mass-1997.

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