Court Case Record ROBERT J. AVITABILE vs. ALEJANDRO CHAPAERO 2013-J-0011 UID(ab1f)


Court Case Number: 2013-J-0011

Case Number2013-J-0011
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Field Date01/04/2013
Close Date01/18/2013


Robert J. AvitabilePro Se Plaintiff/Respondent
Alejandro ChapaeroPro Se Defendant/Petitioner
Entry Date Paper Entry Text
01/04/2013 #1 Appeal entered pursuant to M.G.L.c. 239, § 5 with attachments. ^
01/08/2013 #2 Letter & telephone notice of hearing: Katzmann, J. on 01/15/2013 @ 2:20 P.M. in Court Room 4.^
01/15/2013 #3 Hearing held.
01/15/2013 #4 Appearance of Robert J. Avitabile, Pro Se Plaintiff/Respondent.
01/15/2013 #5 Appearance of Alejandro Chapaero, Pro Se Defendant/Petitioner.
01/15/2013 #6 Letters received at hearing. ^
01/18/2013 ORDER: This is an appeal pursuant to G. L. c. 239, § 5(f)-(g). The defendant has appealed an order of the Boston Housing Court, entered on December 18, 2012, denying his motion to waive appeal bond and directing that he both deposit an appellate bond in the amount of $2000.00, representing the amount of the judgment and further accrued past due rent, and continue to pay monthly rent in the amount of $500.00 pending appeal. Following a review of the materials transmitted from the Housing Court, additional submissions to this Court, and after hearing at which both parties were present and had the opportunity to be heard, the Court concludes that the factual findings of the judge below are supported by the record and that his rulings of law contain no error. Moreover, the amount of the bond was not excessive; rather it was designed simply to cover rents past due. Although this Court considered and finds unpersuasive all of the arguments made by the defendant, we comment briefly upon points that were raised at the appeal hearing. The landlord represented that he does not intend to enforce the $1000 judgment against the defendant. Rather, the landlord desires that the defendant simply remove his belongings from the subject apartment, which the defendant cannot reside in without violating restraining orders against him obtained by other tenants of the building. This will enable the landlord to rent the space to others. The landlord further represented that he would assist the defendant move his belongings to another location. Such a result would appear to bring resolution to this matter and may moot any appeal. Accordingly, the order of the Boston Housing Court denying the defendant's motion to waive the appeal bond is affirmed. So ordered. (Katzmann, J.). *Notice/Attest/Winik, J.
02/05/2013 Motion to waive cost of CD, filed by Alejandro Chapaero.
02/05/2013 RE#6: Allowed for purposes of obtaining copy of oral argument on CD. *Notice
02/05/2013 RE#6: CD of oral argument made and sent to Alejandro Chapaero c/o Walter Waldron this date. *Notice.