Cummins Realty Trust v. O'Neill

Summary

The Massachusetts Supreme Judicial Court affirmed the denial of Frank O'Neill's petition under G. L. c. 211, § 3, challenging a Housing Court order requiring monthly use and occupancy payments during his appeal in a summary process action. The court held that O'Neill had an adequate avenue for review under G. L. c. 239, § 5 (f), and was not entitled to an additional layer of review. The court also noted that any challenge to the denial of an extension was moot.

Holdings

1. A single justice properly denies relief under G. L. c. 211, § 3, when the petitioner has or had an adequate and effective alternative avenue to seek the requested relief.
2. A petitioner is not entitled as of right to an additional layer of review in the Supreme Judicial Court of a use and occupancy order already reviewed by a single justice of the Appeals Court.
3. The challenge to denial of the ten-day extension was moot because O'Neill did not contend that the requested extension would have enabled him to comply with the payment order.

Questions Presented

1. Whether the county court single justice properly denied extraordinary relief under G. L. c. 211, § 3, where O'Neill had already sought review of the use and occupancy order under G. L. c. 239, § 5 (f).
2. Whether O'Neill was entitled to an additional layer of appellate review of the use and occupancy order in the Supreme Judicial Court.
3. Whether the challenge to the denial of a ten-day extension was moot.

Disposition

affirmed