Opinion
No. 11–P–198.
2012-06-22
HARBOR PROPERTIES v. Aaron HOWELL & another.
By the Court (GREEN, GRAINGER & RUBIN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Harbor Properties (landlord) obtained an eviction judgment against Kelly Deal (tenant) in a Housing Court bench trial. In this pro se appeal, the tenant argues that the judge was biased, she received ineffective assistance of counsel, and that the judge abused his discretion. The tenant has not furnished any record of the proceedings below. As such, this court cannot conduct a meaningful review of the proceedings. See Mass.R.A.P. 18(a), as amended, 425 Mass. 1602 (1997); Cameron v. Carelli, 39 Mass.App.Ct. 81, 83–84 (1995).
Moreover, to the extent that the tenant raises identifiable issues, they are unavailing. The obligation to pay use and occupancy during the pendency of an appeal is imposed by statute. G .L. c. 239, § 5. Ineffective assistance of counsel is not grounds for appeal in a civil proceeding. See Commonwealth v. Donlan, 436 Mass. 329, 333 (2002) (right to effective assistance of counsel based on Federal and State constitutional protections for criminal defendants). There is no basis to conclude bias, as alleged by the tenant, on the part of the judge and no motion for recusal was brought below.
Judgment affirmed.