Arsenault v. Franzone

The petitioners appeal under SJ.C. Rule 2:21, 421 Mass. 1303 (1995), from a single justice’s denial of their request for relief under G. L. c. 211, § 3. They had asked the single justice to “reverse” the order of a Superior Court judge who had denied the petitioners’ request for injunctive relief, and to “allow said motion.” In the interim, the petitioners had filed a petition pursuant to G. L. c. 231, § 118, which a single justice of the Appeals Court denied.

Although the petitioners have sought relief in the Appeals Court, we consider their appeal to be properly before us under role 2:21…