Court Case Record City of Springfield vs. Abraham Kasparian, Jr. & others 2010-J-0567 UID(5423)

City of Springfield vs. Abraham Kasparian, Jr. & others Court Case Record

Court Case Number: 2010-J-0567

Case Number2010-J-0567
Case TitleCity of Springfield vs. Abraham Kasparian, Jr. & others
Case TypeCivil
StateMassachusetts, MA
CourtLand Court
Court Address
Field Date12/17/2010
Close Date12/17/2010


Michael R. Siddall, EsquireCity of SpringfieldPlaintiff/Respondent
Abraham Kasparian, Jr.Pro Se Defendant/Petitioner
Kenneth G. ConleyDefendant
Gary FialkyDefendant
Fleet Mortgage Corp.Defendant
Bank of N.E., N.H.Defendant
Constance Marie KasparianDefendant
Peter Q. Monatori, Esq.Defendant
David MilewskiDefendant
Bank of America, N.A., f/k/a BanDefendant
Clement J. Delisio, Sr.Defendant
Entry Date Paper Entry Text
12/17/2010 #1 Motion to waive entry fee, filed by Abraham Kasparian, Jr., is allowed.
12/17/2010 #2 PETITION purs to GLc 231, s. 118 w/attach, filed by Abraham Kasparian, Jr..
12/17/2010 #3 ORDER: "The Appeals Court has received (1) co-defendant's Abraham Kasparian, Jr.'s pro se "Notice of Appeal to the Single Justice of the Supreme Judicial Court," redirected from the Supreme Judicial Court to this court; and (2) an affidavit of indigency in behalf of Mr. Kasparian. After consideration of those documents, the court takes the following action. 1. It ALLOWS Mr. Kasparian's request for waiver of the usual filing fee for submission of first appellate papers to this court. 2. It treats the cited "Notice of Appeal" as a petition for relief pursuant to G. L. c. 231, § 118, first paragraph, from a "Finding" of the Massachusetts Land Court dated November 1, 2010, and bearing docket title 09TL13918, City of Springfield versus Abraham Kasparian, Jr., and Gary L. Fialkey, as receiver appointed in Hampden Probate Case number 02D 1199-DV. The Land Court "Finding" determined that Mr. Kasparian may redeem certain real estate upon payment to the City of Springfield of delinquent real estate taxes in the sum of $11,688.71 plus costs of $480.30 and legal fees of $3,750.43. The "Finding" sets a payment deadline of January 3, 2011. 3. This court DENIES relief pursuant to G. L. c. 231, § 118, for the following reasons. (a) The "Finding" of the Land Court does not constitute a formal "order" within the meaning of the statute. It announces a liability but does not take the form of a mandate. (b) Alternatively, if we view the "Finding" as an order, the papers submitted by Mr. Kasparian do not show that the Land Court has committed a clear error of law or an abuse of discretion as the necessary basis for extraordinary interlocutory relief under the statute. See Aspinall v. Phillip Morris Companies, Inc., 442 Mass. 381, 390 (2004); Jet-Line Services, Inc. v. Board of Selectman of Stoughton, 25 Mass. App. Ct. 645, 646 (1988); and Manfrates v. Lawrence Plaza Limited Partnership, 41 Mass. App. Ct. 409, 412 (1996)." (Sikora, J.). *Notice/attest/image.
12/24/2010 #4 Letter from Kevin V. Maltby requesting he receive any notices relative to this case.