Dorfman v. Lally

A Probate Court judge found for the plaintiff and im*953posed a constructive trust in favor of the estate on certain real and personal property. The defendants appealed.

Albrecht Saalfield for the defendants. Casper T. Dorfman, pro se.

1. The plaintiff s claim that the appeal is barred by failure to file a notice of appeal within the thirty-day period required by Mass.R.A.P. 4(a), as appearing in 378 Mass. 928 (1979), is without merit. The time period was tolled by a motion for new trial, and the notice of appeal was timely filed after the decision denying that motion. Cf. Feltch v. General Rental…