Gloucester Bank & Trust Co. v. Ferrara

The plaintiff bank brought this summary process action against the defendant, its former mortgagor holding over after foreclosure, and obtained a judgment for possession. The defendant filed, and withdrew, an untimely appeal to the Superior Court Department. Nearly three months later, the defendant filed a motion for an “Emergency Stay of Execution.” The defendant has appealed the denial of that motion to this Division.

In general, the jurisdiction of the Appellate Division includes the “rehearing of matters of law arising in civil cases.” G.L.c. 231, §108. However, summary process is entirely…