Points East, Inc. v. City Council

Contrary to the case in Gilmore v. Gilmore, 369 Mass. 598, 603 (1976), and in Superintendent of Worcester State Hosp. v. Hagberg, 374 Mass. 271, 273-274 (1978), the appellee here, Points East, Inc., has, in support of its motion to dismiss the appeal, cited precisely the action under the Rules of Appellate Procedure which the appellant has failed to take. The failure was under Mass.R.A.P. 8(b)(1), as appearing in 378 Mass. 932 (1979), which commands that, “Within ten days after filing the notice of appeal the appellant shall order from the court reporter a transcript of such parts of the…