Opinion
15-P-740
03-08-2016
IN THE MATTER OF J.C.
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 respondent appeals from a decision and order of the Appellate Division affirming orders denying his motion to file his appeal late and dismissing his appeal from an involuntary civil commitment. The petitioner did not file a notice of "Appeal on the Record of Proceedings" within the applicable thirty-day period and as a result the judge dismissed the appeal. See Dist./Mun. Cts. Appellate Division Appeal Rule 8C (2013). The Appellate Division affirmed the order, concluding that the judge had not abused his discretion. As the Appellate Division's decision suggests, although this issue may recur, review may be obtained by pursuing a timely appeal consistent with the applicable rules. We agree with the Appellate Division for the reasons set forth in its thoughtful memorandum of decision.
The respondent argues that the treatment facility did not follow proper procedure to transfer him from a conditional voluntary status to an involuntary status pursuant to G. L. c. 123, §§ 7 and 8. See Acting Superintendent of Bournewood Hosp. v. Baker, 431 Mass. 101, 103-107.
Order denying motion to file appeal late affirmed.
Order dismissing appeal affirmed.
By the Court (Cypher, Wolohojian & Neyman, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: March 8, 2016.