However, the appeal process outlined in § 42–28.6–12 and § 45–20–1.1 did not provide an officer or a charging law enforcement agency with an avenue to appellate review before this Court. In Kurbiec v. Bastien, 120 R.I. 111, 113, 385 A.2d 667, 668 (1978) we held that, under what is now article 10, section 2 of the Rhode Island Constitution, this Court could review an appeal of a Superior Court decision in a LEOBOR case by “exercising its final revisory and appellate jurisdiction pursuant to its powers to issue prerogative writs, such as certiorari.”
However, it is now clear that the appropriate jurisdictional basis for the Superior Court's consideration of this matter was G.L. 1956 (1970 Reenactment) § 45-20-1.1. Indeed, this court has so observed in respect to the instant case in Kurbiec v. Bastien, R.I., 385 A.2d 667 (1978), in which we held that the appeal purportedly taken by the board was not properly before us since no appeal has been provided from decisions of the Superior Court pursuant to § 45-20-1.1. We held that the only review of such a judgment was by common law certiorari and not by appeal.
Corcoran, Peckham Hayes, Patrick O'N. Hayes, Jr., Kathleen Managhan, for defendants. The plaintiff appeared before us on November 7, 1979 in response to our order to show why defendants' motion to dismiss for failure of plaintiff to file his brief should not be granted and, further to show cause why this appeal should not be dismissed in light of this court's ruling that there is no appeal from a Superior Court judgment rendered pursuant to the provisions of § 45-20-1.1. Kurbiec v. Bastien, 120 R.I. 111, 385 A.2d 667 (1978). The plaintiff conceded that the appeal be dismissed. Accordingly plaintiff's appeal is hereby dismissed.