This case was submitted on the papers filed, accompanied by a memorandum of law.
Francis C. Burnham, pro se.
A single justice of this court denied Burnham relief from an order of the trial court that had denied a stay of execution of sentence pending appeal. A stay was denied because the defendant had not diligently perfected his appeal. See Mass. R. Crim. P. 31 (b), 378 Mass. 902 (1979). The sentence was the imposition of a fine. On his appeal from the judgment of the single justice, the defendant has failed to meet the requirement of S.J.C. Rule 2:21, 421 Mass. 1303 (1995), that he show why appellate review of the trial court's decision cannot provide adequate relief. Abatement of the fine, if the appeal is successful, would provide adequate relief.
The case was submitted on the papers filed, accompanied by a memorandum of law.
Despina Kyriakidis for the defendant.
Maria Rosenthal, pro se.
A single justice of this court denied the plaintiff relief from an order of the Appellate Division of the District Court, Southern District, denying her motion to transfer her case to the Appellate Division, Northern District. G. L. c. 211, s. 3 (1994 ed.). The defendant asserts that this matter is not within S.J.C. Rule 2:21, 421 Mass. 1303 (1995), because the plaintiff is not seeking interlocutory relief from a ruling of a trial court. We agree with the defendant that rule 2:21 is inapplicable. Although the appeal is not within rule 2:21, we have considered this appeal and conclude that it is without merit. The plaintiff brought her complaint in the Brookline District Court in Norfolk County. That court is in the Appellate Division, Southern
District. G. L. c. 231, s. 108 (1994 ed.). There was no error of law or abuse of discretion in denying the request for transfer.