440 Mass. 1012

Vera W. Huang vs. Essex Division of the Probate and Family Court Department.

September 29, 2003.

Supreme Judicial Court,

*1013 Vera W. Huang, pro se.

Relief under G. L. c. 211, § 3, is extraordinary, and “may not be sought ‘merely as a substitute for normal appellate review.’ ” Constantine v. Commonwealth, 435 Mass. 1011, 1012 (2002), quoting McGuinness v. Commonwealth, 420 Mass. 495, 497 (1995). The record before the single justice indicates that Huang has or had various opportunities through the ordinary trial and appellate processes to seek the relief requested from this court. She filed a motion in the Probate and Family Court for a new trial, multiple motions for relief from the judgment at issue, and a motion to recuse the trial judge. The Probate Court docket indicates, as well, that she sought the appointment of counsel in that court. The docket also indicates that Huang filed various notices of appeal in the Probate Court, although the record before us is insufficient to determine the status of any of those appeals.

Huang has neither argued nor demonstrated that a G. L. c. 211, § 3, petition was the only adequate means of seeking relief on the claims raised in her petition. See Greco v. Plymouth Sav. Bank, 423 Mass. 1019, 1019 (1996), and cases cited. The single justice did not abuse his discretion or otherwise err in denying the petition.2

Judgment affirmed.

Huang v. Essex Division of the Probate & Family Court Department
440 Mass. 1012

Case Details

Name
Huang v. Essex Division of the Probate & Family Court Department
Decision Date
Sep 29, 2003
Citations

440 Mass. 1012

Jurisdiction
Massachusetts

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