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Court Case Record THOMAS CESSO vs. CHERYL CESSO 2011-J-0230 UID(fe90)


THOMAS CESSO vs. CHERYL CESSO Court Case Record

Court Case Number: 2011-J-0230


 
Case Number2011-J-0230
Case TitleTHOMAS CESSO vs. CHERYL CESSO
Case TypeCivil
StateMassachusetts, MA
CountyEssex Probate & Family
CourtEssex Probate & Family
Court Address
Phone
Field Date06/01/2011
Close Date06/20/2011

Parties

CounselNameType
Mary-Ellen Manning, EsquireThomas CessoPlaintiff/Petitioner
John S. Legasey, EsquireCheryl CessoDefendant/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
06/01/2011 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Thomas Cesso.
06/09/2011 #2 Opposition to Petition with attachments, filed by Cheryl Cesso.*
06/10/2011 #3 Supplemental Memorandum and Addendum regarding petition, filed by Thomas Cesso.
06/17/2011 #4 Memorandum and transcript portions of prior single justice hearing submitted in support of single justice petition to order the release of mother's medical records filed by Thomas Cesso.
06/20/2011 #5 ORDER: The parties come before the court on an appeal of a lower court decision pursuant to G.L. c. 231, § 118. After a review of the record and applicable statutes, it appears that 42 C.F.R 2.63 and 2.64 do not apply here. 42 C.F.R 2.11 defines program to the exclusion of "general medical care facilities." The plaintiff's request is for records from a general medical care facility. As such, it does not come under the purview of the federal law. Morever, whether the defendant qualifies as a "patient" is somewhat problematical as she admittedly has not applied for nor has been given a diagnosis for alcohol or drug abuse. As the motion for the plaintiff was denied without prejudice, the matter is remanded for further consideration(1). (Kantrowitz, J.), Notice/attest/Cronin, J. footnotes (1) During an earlier hearing, I believe that the attorney for the mother indicated that the medical records would be forthcoming. Whether there has been a change of heart is a matter to be addressed before the motion judge.