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Court Case Record DAVID L. HATHAWAY vs. DEPARTMENT OF TRANSITIONAL ASSISTANCE & others 2012-J-0232 UID(6409)


DAVID L. HATHAWAY vs. DEPARTMENT OF TRANSITIONAL ASSISTANCE & others Court Case Record

Court Case Number: 2012-J-0232


 
Case Number2012-J-0232
Case TitleDAVID L. HATHAWAY vs. DEPARTMENT OF TRANSITIONAL ASSISTANCE & others
Case TypeCivil
StateMassachusetts, MA
CountyBristol
CourtBristol Superior Court
Court Address
Phone
Field Date06/25/2012
Close Date08/23/2012

Parties

CounselNameType
David L. HathawayPro Se Plaintiff/Petitioner
Michael Ciccolo, Esquire John M. Stephan, EsquireDepartment of Transitional AssistanceDefendant/Respondent
Michael Ciccolo, EsquireDirector of DTA's Division of HearingsDefendant/Respondent
Michael Ciccolo, EsquireHearing Officer DTADefendant/Respondent
Michael Ciccolo, EsquireCase Worker of t DTADefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
06/25/2012 #1 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments.
06/25/2012 #2 ORDER: After review of the record assembly received from the Superior Court, it is apparent that the assembly concerns the plaintiff's appeal from an order denying, in part, the plaintiff's motion for state payment of costs and expenses pursuant to G. L. c. 261, §§ 27A-27D. Such an appeal is to a single justice and is to be entered directly on the single justice docket. Accordingly, the entry of this appeal as 12-P-265 is vacated as having been entered in error on the panel docket. The case shall be entered automatically on the single justice docket as 12-J-232 and shall proceed for review by the single justice on the record as assembled by the Superior Court, in accordance with G. L. c. 261, § 27D. *Notice/Attest
06/28/2012 #3 Notice of appearance of John M. Stephan for Department of Transitional Assistance.
06/28/2012 #4 ORDER: The plaintiff appeals, pursuant to G. L. c. 261, § 27D, from the denial, in part, of his motion to waive certain costs and fees. The motion was denied as to the plaintiff's request to have the State pay the costs related to the preparation of the transcript of a non-evidentiary hearing held on November 08, 2011 on his motion for judgment on the pleadings. G. L. c. 261, § 27C(4), requires that "if there is an appeal pursuant to section twenty-seven D following a denial, the court shall, within three days, set forth its written findings and reasons justifying such denial, which document shall be part of the record on appeal." While the basis of the judge's denial may be implicit in the decision, entered on January 17, 2012, the statute requires written findings and reasons. Since there are none in this matter, the assembly was premature. Accordingly, appellate proceedings are hereby stayed until July 16, 2012 for the motion judge to enter the requisite findings and for the Superior Court to transmit a copy of the findings to the Appeals Court. (Wolohojian, J.). *Notice/Attest
08/15/2012 #5 Copy of findings of the court, received from Bristol Superior Court by fax. ^
08/23/2012 #6 ORDER: The matter is before me on appeal from the denial, in part, of his motion to waive certain costs and fees, pursuant to c. 261, §27 (D). After review of the record including the findings made by the trial court judge dated August 14, 2012, the order of January 17, 2012, in BRCV2012-01501 (DuPuis, J.) is hereby affirmed. (Carhart, J.) *Notice/Attest/Dupuis, J.