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Court Case Record KATERIN ROJAS HENRIQUEZ vs. BOSTON HOUSING AUTHORITY & another 2014-J-0353 UID(b15a)


KATERIN ROJAS HENRIQUEZ vs. BOSTON HOUSING AUTHORITY & another Court Case Record

Court Case Number: 2014-J-0353


 
Case Number2014-J-0353
Case TitleKATERIN ROJAS HENRIQUEZ vs. BOSTON HOUSING AUTHORITY & another
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Phone
Field Date09/05/2014
Close Date09/26/2014

Parties

CounselNameType
Zoe Cronin, EsquireKaterin Rojas HenriquezPlaintiff/Respondent
Angela Marcolina, EsquireBoston Housing AuthorityDefendant/Petitioner
Administrator Boston Housing AuthorityDefendant
DOCKET ENTRIES
Entry Date Paper Entry Text
09/05/2014 #1 Petition pursuant to M.G.L. c. 231, ยง 118 with attachments, filed by Boston Housing Authority. ^
09/11/2014 #2 RE#1: On or before 9/18/14, the plaintiff may file a response to the petition. *Notice.
09/15/2014 #3 Opposition to Petition with attachments, filed by Boston Housing Authority^
09/26/2014 ORDER: The Boston Housing Authority filed a petition seeking interlocutory review of the Boston Housing Court's order remanding this matter for presentation of additional evidence to the Authority's hearing department related to the plaintiff's concluded criminal charges. The plaintiff has filed an opposition. To obtain relief, pursuant to G.L. c.231, s. 118, the petitioner must demonstrate a clear error of law or an abuse of discretion by the trial court judge in issuing the interlocutory order to be reviewed. Jet Line Servs., Inc. v. Selectmen of Stoughton, 25 Mass. App. Ct. 645, 646 (1988). The error of law asserted by the Boston Housing Authority here is neither clear, nor an abuse of discretion. Section 4 of chapter 249 does not explicitly prohibit a remand for the taking of additional evidence. G.L. c. 249, s. 4. Likewise, the cases cited by the petitioner do not contain an explicit prohibition. Therefore, while the defendant may re-raise this argument, without prejudice, in any appeal from a final resolution of this matter, the Authority's petition is DENIED. (Maldonado, J.). *Notice/Attest/Winik, J.