Opinion
16-P-906
05-19-2017
GAETANO CIRIELLO v. LINDA FORTIN.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The tenant, Linda Fortin, appeals from a decision and order of the Appellate Division of the District Court, affirming the judgment granting possession, in a summary process action, to the landlord, Geatano Ciriello. We affirm.
The only appeal "before us is from the 'final decision of the appellate division,' G. L. c. 231, § 109, . . . on the record before that court." Worldwide Commodities, Inc. v. J. Amicone Co., 36 Mass. App. Ct. 304, 307 (1994). The tenant neither included in her record appendix the Appellate Division's decision nor argues why that decision is erroneous. See Cameron v. Carelli, 39 Mass. App. Ct. 81, 83-86 (1995). We may affirm on this ground alone.
Decision and order of Appellate Division affirmed.
By the Court (Milkey, Hanlon & Lemire, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: May 19, 2017.