Court Case Record ELIAHU MAZIN vs. TOWN OF NORWOOD & another 2012-J-0204

ELIAHU MAZIN vs. TOWN OF NORWOOD & another Court Case Record

Court Case Number: 2012-J-0204

Case Number2012-J-0204
Case TitleELIAHU MAZIN vs. TOWN OF NORWOOD & another
Case TypeCivil
StateMassachusetts, MA
CourtNorfolk Superior Court
Court Address
Field Date06/01/2012
Close Date06/14/2012


Eliahu MazinPro Se Plaintiff/Petitioner
Jeremy Silverfine, EsquireTown of NorwoodDefendant/Respondent
Jeremy Silverfine, EsquireNorwood Police DepartmentDefendant/Respondent
Entry Date Paper Entry Text
06/01/2012 #1 Affidavit of indigency, filed by Eliahu Mazin, is allowed.
06/01/2012 #2 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Eliahu Mazin.^
06/04/2012 #3 RE#2: On May 31, 2012, the plaintiff, Eliahu Mazin, filed the instant petition pursuant to G. L. c. 231, § 118 (first par.), seeking review of a Superior Court judge's order that was entered on April 20, 2012. The petition is dismissed because it was not filed within thirty days of the subject order. See G. L. c. 231, § 118 (first par.). Failure to meet the statutory deadline deprives the single justice of authority to consider the petition, and a single justice is without jurisdiction to enlarge the time limit set by statute. Cf. Nissan Motor Corp. v. Commissioner of Revenue, 407 Mass. 153, 157 (1990); Friedman v. Board of Regist. in Medicine, 414 Mass. 663, 665 (1993). Consequently, the petition is dismissed as untimely. (Trainor, J.). *Notice/Attest.
06/08/2012 #4 Motion for reconsideration, filed by Eliahu Mazin. ^
06/11/2012 #5 RE#3: The motion to reconsider is allowed. Upon reconsideration, the court's action of 6/4/12 is to stand. it is the date the order is entered on the trial court docket that controls the statutory deadline. Accordingly, the petition was untimely and properly dismissed (Trainor, J.). Notice/attest/Dortch-O'Kara.
06/11/2012 Notice of appeal in complaince with Supreme Rule 10 a and b, within 10 days of receipt, filed by Eliahu Mazin.^
06/14/2012 Notice of appeal in compliance with Supreme Court Rule 10a and b, within 10 days of receipt and demand for monetary compensation due to emotional trauma with attachments, filed by Eliahu Mazin.^
06/14/2012 RE#5: To the extent the within notice of appeal seeks to appeal the decision by the Single Justice, dated 6/4/12 (RE#2), denying the petition for the reason of untimeliness, the notice of appeal must be, and hereby is struck, as there is no right of appeal from the Single Justice's Order of that date denying the defendant's petition filed pursuant to G.L. c. 231, § 118 (first par.). See Gibbs Ford, Inc. v. United Truck Leasing Corp., 399 Mass. 8, n.8 (1987); Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 614 (1980). It is noted that the petitioner's appeal of the injunctive order, filed pursuant to G.L. c. 231, § 118 (second par.), has been assembled for entry in the Appeals Court, the relevant papers received by the Court on 6/11/12. As Paper #4 appears to seek entry of the appeal, the court elects to treat P#4 as a motion to enter the appeal without fee, and as such, it is allowed. The appeal is entered this date without fee as 12-P-965. (Wolohojian, J.) *Notice/Attest.
06/20/2012 Memo: Notice RE#5 sent to Eliahu Mazin returned as "insufficient address - unable to forward." - notice resent to corrected address, apartment number updated.