Restucci v. Commonwealth

William Restucci appeals from a judgment of a single justice of this court *1046denying his petition for relief pursuant to G. L. c. 211, § 3. Restucci had sought relief from orders of a judge in the Superior Court denying his motion to stay execution of a criminal sentence, and his motion to reconsider that ruling, in connection with an appeal he is pursuing in the Appeals Court. The case is now before us pursuant to S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001). Because Restucci could have sought a stay through avenues other than requesting extraordinary relief pursuant to G. L. c. 211, §…