seal

Court Case Record STEPHEN M. O''REILLY vs. MEDICAL ONCOLOGY & HEMATOLOGY P.C. 2011-J-0164 UID(ccea)


STEPHEN M. O''REILLY vs. MEDICAL ONCOLOGY & HEMATOLOGY P.C. Court Case Record

Court Case Number: 2011-J-0164


 
Case Number2011-J-0164
Case TitleSTEPHEN M. O''REILLY vs. MEDICAL ONCOLOGY & HEMATOLOGY P.C.
Case TypeCivil
StateMassachusetts, MA
CountyPlymouth
CourtPlymouth Superior Court
Court Address
Phone
Field Date04/25/2011
Close Date04/27/2011

Parties

CounselNameType
Jared Burke, EsquireStephen M. O'ReillyPlaintiff/Respondent
Andrea L. Kraemer, EsquireMedical Oncology & Hematology P.Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
04/25/2011 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Medical Oncology & Hematology P.C.
04/27/2011 #2 ORDER: The petitioner, Medical Oncology & Hematology, P.C., has filed a petition, pursuant to G. L. c. 231, § 118 (first para.), seeking review of an Order, entered March 31, 2011, which allowed Defendant's Motion for Reconsideration & Clarification, but upon reconsideration denied the ultimate relief sought - the dismissal of the plaintiff's complaint. The motion for reconsideration was filed in response to the denial, on March 3, 2011, of the petitioner's Motion to Dismiss for Lack of Capacity to Bring Suit on Behalf of the Estate of Lillian O'Reilly. The petition must be denied for the reason that the single justice is without authority to grant the requested relief, as to do so would be outcome determinative; this is prohibited by Mass.R.App.P. Rule 15(c). Additionally, the filing of a motion for reconsideration does not toll or enlarge the thirty-day period set forth in G. L. c. 231, § 118 (first par.). Accordingly, to the extent that the petition may seek review of the initial order of March 3, 2011, the petition is untimely because it was not filed within thirty days of the entry of that order. See G. L. c. 231, § 118 (first par.). See McGrath v. McGrath, 65 Mass. App. Ct. 670, 671 (2006). Further, as the petition seeks review of the order that denied the defendant's motion for reconsideration, the petition must be denied because it has not been made to appear that the motion for reconsideration raised any substantially new matter from that which was presented in the prior motion. McGrath, 65 Mass. App. Ct. at 671-673; Manousos v. Sarkis, 382 Mass. 317, 322-323 (1981). Accordingly, all requested relief is denied. (Fecteau, J.). Notice/attest/Cosgrove, J./image