Andrew v. Zoning Bd. of Appeals of Bos.

Plaintiff Fitzroy Andrew appeals from an order denying his motion for relief from a judgment dismissing his case without prejudice. See Mass.R.Civ.P. 60(b)(1), 365 Mass. 828 (1974). An appeal from such an order does not bring with it the underlying judgment. Harris v. Sannella, 400 Mass. 392, 395 (1987) (motion for relief from judgment "may not be used as a substitute for a timely appeal"), quoting from Nemaizer v. Baker, 793 F.2d 58, 61 (2d Cir. 1986). Likewise, the order requiring Andrew to post a $25,000 security bond pursuant to St. 1956, c. 665, § 11, is not squarely before us. Instead,…