seal

Court Case Record NEWTON POLICE ASSOCIATION vs. CITY OF NEWTON & another 2012-P-1425 UID(ac14)


NEWTON POLICE ASSOCIATION vs. CITY OF NEWTON & another Court Case Record

Court Case Number: 2012-P-1425


 
Case Number2012-P-1425
Case TitleNEWTON POLICE ASSOCIATION vs. CITY OF NEWTON & another
Case TypeCivil
StateMassachusetts, MA
CountyMiddlesex
CourtMiddlesex Superior Court
Court Address
Phone
Field Date12/08/2010
Close Date08/01/2013

Parties

CounselNameType
James F. Lamond, EsquireNewton Police AssociationPlaintiff/Appellant
Donnalynn B. Lynch-Kahn, Esquire Jeffrey A. Honig, EsquireCity of NewtonDefendant/Appellee
Donnalynn B. Lynch-Kahn, EsquireMathew A. CummingsDefendant/Appellee
DOCKET ENTRIES
Entry Date Paper Entry Text
09/04/2012 #1 Entered.
09/04/2012 #2 Notice of entry sent.
09/13/2012 #3 Docketing Statement received from Newton Police Association.^
10/15/2012 #4 SERVICE of brief & appendix for Plaintiff/Appellant Newton Police Association.
11/19/2012 #5 MOTION to file supplemental appendix, filed by City of Newton.
11/19/2012 #6 RE#4: Allowed. The appellee's brief and supplemental appendix are accepted for filing this date. *Notice.
11/19/2012 SERVICE of brief & supplemental appendix for Defendant/Appellee City of Newton.
04/17/2013 Under consideration by Panel. (Vuono, J., Carhart, J., Agnes, J.).
08/01/2013 MEMORANDUM AND ORDER: The plaintiff union appeals from a summary judgment dismissing its declaratory relief action and confirming an arbitral award in favor of the city. However, we are faced at the outset with the jurisdictional issue of untimely notice of appeal. Mass.R.A.P. 4(a), as amended, 378 Mass. 928 (1979). Commonwealth v. Mullen, 72 Mass. App. Ct. 136, 137-138 (2008). According to the docket, judgment entered on June 5, 2012. The union filed its notice of appeal on July 12, thirty-seven days later. There is nothing on the docket or in the record showing that the usual thirty-day appeal period was tolled for any reason (i.e., by serving an appropriate postjudgment motion). "[T]he city is not a subdivision of the Commonwealth for purposes of calculating the appeal period [of sixty days.]" Jones v. Boykan, 74 Mass. App. Ct. 213, 216 n.6 (2009). Nor does it appear that the union at any time filed a motion for leave to file an untimely notice allowed by Mass.R.A.P. 4(c), as amended, 378 Mass. 928 (1979). Compare Commonwealth v. Linhares, 80 Mass. App. Ct. 819, 823 (2011). We are not permitted to overlook the failure to file a timely notice of appeal as a matter of general discretion. See Mass.R.A.P.3(a), as amended, 378 Mass. 927 (378). Appeal dismissed. (Vuono, Carhart & Agnes, JJ.) . *Notice/Attest.