William Belfar appeals from the denial of his petition for relief under G. L. c. 211, § 3, by a single justice of this court. Belfar had sought relief from an impoundment order entered by a judge in the Probate and Family Court. We affirm the judgment of the single justice.
In 2001, Julie Lipsett filed a complaint against Belfar in the Probate and Family Court seeking to modify a New York divorce decree and obtain sole custody of their son. The probate judge, acting on a motion filed by Lipsett, impounded the case file “until further order of this Court,” but not beyond ten years. Belfar neither moved to terminate the impoundment order nor sought appellate review of it. In July of 2002, judgment entered ordering that Belfar and Lipsett continue to share joint custody of their son. In October of 2002, Lipsett filed a second complaint for modification. Five months later, the Globe Newspaper Company, Inc. (Boston Globe), moved to terminate the impoundment order.1 Belfar filed a memorandum purporting to support the Boston Globe’s motion, but did not file his own motion to terminate the impoundment order, nor an affidavit, as required under Rule 10 of the Uniform Rules on Impoundment Procedure (2003). The probate judge denied the Boston Globe’s motion. Belfar then filed his petition under G. L. c. 211, § 3, purportedly seeking reversal of the denial of the Boston Globe’s motion, and seeking termination of the impoundment order itself.2
Belfar has filed a memorandum and appendix pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Because Lipsett’s second action for modification has, apparently, not reached a final judgment,3 we treat the impoundment order as interlocutory for purposes of S.J.C. Rule 2:21 (1), 421 Mass. 1303 (1995). We consider whether Belfar has “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.” S.J.C. Rule 2:21 (2). Setting aside the question whether Belfar has standing to challenge the denial of the Boston Globe’s motion, Belfar never sought relief himself from the impoundment order in the Probate Court. In addition, he has not sought review from a single justice of the Appeals Court through either Rule 12 of the Uniform Rules on Impoundment Procedure4 or *1017through a petition under G. L. c. 231, § 118, first par.* ***5 See Costa v. Boviard, 431 Mass. 1004, 1005 (2000) (affirming denial of petition filed under G. L. c. 211, § 3, where petitioner failed to seek relief under G. L. c. 231, § 118, first par., from impoundment order). Belfar, therefore, has not met his burden under rule 2:21 (2).
Gerald L. Nissenbaum for the petitioner.
The judgment of the single justice is affirmed.
So ordered.
The case was submitted on the papers filed, accompanied by a memorandum of law.