439 Mass. 1010

Emmett S. Muldoon w. Superior Court Department of the Trial Court.

June 24, 2003.

Supreme Judicial Court, Superintendence of inferior courts,

Emmett S. Muldoon appeals from a judgment of a single justice of this court denying his petition for relief pursuant to G. L. c. 211, § 3. His petition sought an order compelling the Superior Court to act on a pending motion in his underlying civil action and to permit him to present oral argument concerning it.1 We affirm.

Based on the record before him, and settled law governing relief under G. L. c. 211, § 3, Matthews v. D’Arcy, 425 Mass. 1021, 1022 (1997), we cannot say that the “single justice committed an error of law or abused his discretion in denying relief.” Devon Servs., Inc. v. Wellman, 432 Mass. 1013, 1013 (2000). Among other things, that record failed to demonstrate “the absence or inadequacy of other remedies.”2 Matthews v. D’Arcy, supra. See Kraytsberg v. Kraytsberg, 427 Mass. 1008, 1009 (1998). See also Zatsky v. Zatsky, 36 Mass. App. Ct. 7, 12 (1994). The record similarly failed to establish that “the delay was unreasonable in the circumstances ... [or that] the petitioner has been prejudiced by the delay.” Martineau v. Department of Correction, 423 Mass. 1007, 1007 (1996).’

Finally, after the single justice’s decision, and after almost two years without action by the Superior Court, it appears as though a Superior Court judge dismissed the petitioner’s case without ruling on the pending motions and that the petitioner moved to vacate the judgment of dismissal. The matters raised by the petitioner’s Superior Court motions may be addressed by a judge *1011in that court if the judgment is vacated or, if necessary, by the Appeals Court on appeal from the judgment of dismissal.

Emmett S. Muldoon, pro se, submitted a brief.

Judgment affirmed.

Muldoon v. Superior Court Department of the Trial Court
439 Mass. 1010

Case Details

Name
Muldoon v. Superior Court Department of the Trial Court
Decision Date
Jun 24, 2003
Citations

439 Mass. 1010

Jurisdiction
Massachusetts

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