Loading...
HomeMy WebLinkAbout2012-08-07 Planning Board Supplemental Materials (20) URBELIS&FIELDSTEEL,LLP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 Telephone 978-475-4552 THOMAS J.URBELIS Telephone 617-338. e-mail tju@uf-law.com Telecopier 617-338-01220122 July 30, 2012 North Andover Planning Board Town of North Andover 1600 Osgood Street North Andover,MA 0 1845 RE: Steven Tryder v. North Andover Planning Board, et al. Appeals Court No. 2012-P-0638 Dear Members: Enclosed please find a July 27, 2012 Notice from the Appeals Court. Please call if you have any questions. Very truly yours, Thomas rbelis TJU/krnp Enclosure cc: Board of Selectmen (w/enc) Andrew Maylor(w/enc) s\np51\work\n-aadovekorres&laaning board.Itr5 opder.dm COMMONWEALTH OF MASSACHUSETTS APPEALS COURT CLERK'S OFFICE John Adams Courthouse One Pemberton Square, Suite 1200 Boston, Massachusetts 02108-1705 (617) 725-8106; mass.gov/courts/appealscourt July 27 , 2012 Thomas J. Urbelis, Esquire Urbelis & Fieldsteel, LLP 155 Federal Street, Suite 1000 Boston, MA 02110 _ RE : No. 2012-P-0638 Lower Court No . ESCV2009-02070 STEVEN R. TRYDER VS . SBA TOWERS, INC. & others NOTICE OF DISMISSAL TO TRIAL COURT Dear Counsel : In accordance with the Standing Order Governing Dismissals for Lack of Prosecution (copy enclosed) , you are hereby given notice that the above-referenced appeal has been dismissed for lack of prosecution for the following reason: Brief/appendix not received or status report not filed. Very truly yours, Special Assistant Clerk To : Edward J. Collins, Esquire John K. Bosen, Esquire Stephen Anderson, Esq. Arthur P. Kreiger, Esquire Thomas J. Urbelis, Esquire Essex Superior Court Appeals Court Standing Order Concerning the Dismissal of Appeals and Reports in all Cases for Lack of Prosecution ( Standing Order 17A") It is ORDERED that ellant (including Clerk that term a party ctreat d as an appellant receivedlerk) shall t have brief nder Rule5of the appendix pp ed by Rule Massachusetts Rules ofAppellate ate Pime shall pure rocvrreviously have been enlarged or unless, in he case of 13(a), 18(a) and 19(a) ( the clerk of this order b first class mail to the attorney of record for such appellant (and to an appendix, the filing shall have been deferred or dispensed with under Rule ]8[c] or [ , shall send a copy y last known address in a criminal case or if he is not represented by suchan such appellant at his ice in attorney peal ofd to a l other npor the pepot as the case mayrecord'be, will be dismssednast to him that the appeal p for lack of prosecution unless, within fourteen days of t in atmotion by such vil case or to thirty days of the date of such notice in a criminal case, the clerk hall receive forth therein the me for serving ing ch brief appellant to enlarge to a date certain setpellant (or his attorney)ney) whi h shall set ttlforth all the facts appendix and (b) an affidavit of such app If no such motion and affidavit which such appellant wishes to have considered by the single justice of this court, who willact on such motion in accordance with the provisions of Rule I' I and (c). at r lack by prosecution and clerk tthin shallsuch eriod,not forthwith such dismclerk shal issal o the docket. Thesclerk shall take like actmiss such appeal or ion fo ied whenever a hinparticular enlargement of timle previously g ant d. The brief appendix o serve and file his sending of every notice requiredlby s required) ismissal shall have been v thishorder shall beon fourteen daynoted on the docket. Unless as from the docketing thereof, ustice the clerk shall not fy the clerkacatof tbl e trial y a single ut that wit the appeal or report has been dismissed as to the particular appellant for lack of prosecution. ed by a dismissal ou teen d,peal in a criminal case ays upon a show ng either O of thy be e exxist n eaof a menel of ritoriot secase ors after t() that�the n of desaid f defendant was deprived of his right of direct appeal as a result of an act or omission of counsel atter the appeal had been entered in this court. Amended effective October 1, 2008.