Legal Opinion

Canavan v. Civil Service Commission

Massachusetts Appeals Court

Decided January 22, 2004No. 02-P-679PublishedCited by 2 opinions

1Opinion of the Court

1. The city’s appeal. Because the commission has not rendered a final decision regarding the merits of Canavan’s appeal of his discharge, the proceeding in this court may be dismissed as interlocutory in nature. Kelly v. Civil Serv. Commn., 427 Mass. 75, 76 n.2 (1998); Lincoln v. Personnel Administrator of the Dept. of Personnel Admn., 432 Mass. 208, 210 (2000). Where, as here, however, the issues have been fully briefed, and the controversy may be resolved by this court on the record, we may, and in this instance do, exercise our discretion to entertain the appeal. McCarthy v. Civil Serv.…

2Cases cited3 opinions

  1. Kelly v. Civil Service CommissionMassachusetts Supreme Judicial Court · 1998
  2. Lincoln v. Personnel Administrator of the Department of Personnel AdministrationMassachusetts Supreme Judicial Court · 2000
  3. McCarthy v. Civil Service CommissionMassachusetts Appeals Court · 1992

3Cited by2 opinions

  1. City of Fall River v. AFSCME Council 93, Local 3177Massachusetts Appeals Court · 2004
  2. Lily Transportation Corp. v. Royal Institutional Services, Inc.Massachusetts Appeals Court · 2005

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