Maza v. Commonwealth

After a single justice of the Appeals Court denied her motion to permit her appeal to be docketed out of time, Mass. R.A.P. 10 (a) (3), 378 Mass. 937 (1979), the plaintiff renewed her motion in the county court. A single justice of this court treated the motion as a petition pursuant to G. L. c. 211, § 3 (1994 ed.), and denied it without a hearing. The plaintiff appeals.

A request for relief under G. L. c. 211, § 3, is properly denied where the petitioning party has or had adequate and effective avenues other than G. L. c. 211, § 3, by which to seek and obtain the requested relief. Plymouth &…