Greco v. Suffolk Division of the Probate & Family Court Department

This action arose from the failure of the Suffolk Division of the Probate and Family Court Department (court) to provide Frank A. Greco (plaintiff) with a tape recording of an ex parte hearing in which his wife, the plaintiff in a divorce proceeding, sought a temporary restraining order against him. See G. L. c. 208, §§ 34B, 34C (1992 ed.). Notwithstanding the requirement of Rule 201 of the Supplemental Rules of the Probate Court (1994) that such a proceeding *154be recorded electronically and made available to a party on request, the tape has not been provided to the plaintiff.1 In his…