Rothman v. Jewish Home for Aged of Worcester County, Inc.

Massachusetts Supreme Judicial Court

Rothman v. Jewish Home for Aged of Worcester County, Inc.

688 N.E.2d 995, 426 Mass. 1009, 1998 Mass. LEXIS 15

Massachusetts Supreme Judicial Court·Decided January 13, 1998·Published

Opinion

Moshe Rothman (petitioner) purports to appeal under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from the denial of relief by a single justice of this court. Rule 2:21 (2) requires that the record appendix, accompanied by a memorandum, must be filed in the office of the clerk of this court for the Commonwealth within fourteen days of the filing of the notice of appeal. The petitioner filed his notice of appeal on November 3, 1997, and filed his record appendix and memorandum on December 8, 1997. Hence, we dismiss the appeal. Moreover, if we were to give the appeal further consideration,* ¹ we note that we would affirm the judgment of the single justice because the petitioner has not met the requirement of mle 2:21 (2) that he “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.”

Appeal dismissed.

Footnotes

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Moshe Rothman (petitioner) purports to appeal under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from the denial of relief by a single justice of this court. Rule 2:21 (2) requires that the record appendix, accompanied by a memorandum, must be filed in the office of the clerk of this court for the Commonwealth within fourteen days of the filing of the notice of appeal. The petitioner filed his notice of appeal on November 3, 1997, and filed his record appendix and memorandum on December 8, 1997. Hence, we dismiss the appeal. Moreover, if we were to give the appeal further consideration,* ¹ we note that we would affirm the judgment of the single justice because the petitioner has not met the requirement of mle 2:21 (2) that he “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.”

Appeal dismissed.

Footnotes

Rothman v. Jewish Home for Aged of Worcester County, Inc., 688 N.E.2d 995, 426 Mass. 1009, 1998 Mass. LEXIS 15 (Mass. 1998).

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688 N.E.2d 995 (Rothman v. Jewish Home for Aged of Worcester County, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.