Case law

Commonwealth v. Dello Iacono

20 Mass. App. Ct. 83 · Massachusetts Appeals Court · May 17, 1985

The present case is similar to Commonwealth v. Brown, 392 Mass. 632, 642-643 (1984), where the charge on the physical and mental elements of criminal complicity in the armed robbery was held adequately informing. … Commonwealth v. Brown, 392 Mass. 632, 634-635 (1984); Commonwealth v. Brown, 394 Mass. 510, 516 (1985); Commonwealth v. Walker, 17 Mass. App. Ct. 194 , *88 197-198 (1983). Compare Commonwealth v. Hennessey, 17 Mass.

Duarte v. Town of Fairhaven

10 Mass. App. Ct. 865 · Massachusetts Appeals Court · Aug 14, 1980

The plaintiff argues that § 100 requires the board to hold an evidentiary hearing, like that required prior to terminating public assistance *866 payments, Goldberg v. … Section 100 does not require the board to hold a hearing. Fortin v. Mayor of Chicopee, 325 Mass. 214, 216 (1950).

Clancy v. McCabe

58 Mass. App. Ct. 498 · Massachusetts Appeals Court · Jul 8, 2003

Brown, J. … A court-martial allows an accused officer to go before a three-member trial board to contest the charges. If found guilty by at least two members of the board, the officer can be terminated from employment.

Commonwealth v. Perretti

20 Mass. App. Ct. 36 · Massachusetts Appeals Court · May 14, 1985

Sullivan testified that the victim described her assailant as a dark-complexioned, white male with brown hair, about eighteen years old, five feet six inches tall, about 155 pounds, and wearing a dark jacket. … See Gaunt v. Board of Appeals of Methuen, 327 Mass. 380, 381 (1951); Lawrence v. Falzarano, 7 Mass. App. Ct. 591, 597-598 (1979), rev’d on other grounds, 380 Mass. 18 (1980).

Commonwealth v. Walorz

79 Mass. App. Ct. 132 · Massachusetts Appeals Court · Mar 25, 2011

In support of this proposition, the defendant cites Commonwealth v. Brown, 55 Mass. App. Ct. 440, 448-449 (2002). … We note that in Commonwealth v.

Commonwealth v. O'CONNOR

21 Mass. App. Ct. 404 · Massachusetts Appeals Court · Jan 8, 1986

Brown, J. The defendant was convicted of unlawful possession of cocaine (G. … Commonwealth v. Conway, 2 Mass. App. Ct. 547, 553 (1974), citing Wong Sun v. United States, 371 U.S. 471, 485 (1963). See also Brown v. Illinois, 422 U.S. 590, 597-604 (1975); Dunaway v.

Massachusetts Bay Lines, Inc. v. Commissioner of Revenue

72 Mass. App. Ct. 321 · Massachusetts Appeals Court · Aug 5, 2008

The words “sightseeing” and “entertainment” were, however, properly “construed according to their natural import in common and approved usage” by the board. Commonwealth v. … Co. of Am. v. Commissioner of Rev., 429 Mass. 560, 564 (1999). Mass. Bay argued to the board that its private charters were bare-boat charters, but the board disagreed and Mass.

Rogers v. Commissioner of Correction

25 Mass. App. Ct. 399 · Massachusetts Appeals Court · Feb 22, 1988

Zaltman v. Daris, 331 Mass. 458, 462 (1954). Boston v. Massachusetts Bay Transp. Authy., 373 Mass. 819, 829 (1977). Egnet v. Commissioner of Pub. Safety, 5 Mass. App. Ct. 188, 190 (1977). MacEachern v. Boston, 9 Mass. … See the discussion in Averett v.

Lawless v. Dep't of Unempoyment Assistance & Another

93 Mass. App. Ct. 1107 · Massachusetts Appeals Court · Apr 18, 2018

Jean v. Director of Div. of Employment Sec. , 391 Mass. 206 , 208 (1984). … See Green v. Brookline , 53 Mass. App. Ct. 120 , 128 (2001).

ESSEX NORTH SHORE AGRICULTURAL AND TECHNICAL SCHOOL DISTRICT v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & Another.

Massachusetts Appeals Court · May 2, 2025

See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). … a decision by the defendant, the Commonwealth Employment Relations Board (CERB), concluding that the District violated G.

Larocque's Case

31 Mass. App. Ct. 657 · Massachusetts Appeals Court · Dec 11, 1991

The reviewing board (board) of the Department of Industrial Accidents found that it did not and denied his widow benefits under G. L. c. 152, § 31. … Davis & Son v. Ruple, 222 Ala. 52 (1930). Nicholson v. Industrial Commn., 76 Ariz. 105 (1953). Peterson v. Moran, 111 Cal. App. 2d 766 (1952). Mitchell v. Hizer, 73 Cal. App. 3d 499 (1977). Hill v.

Town Council v. Town Manager

20 Mass. App. Ct. 100 · Massachusetts Appeals Court · May 23, 1985

See Boston v. Chelsea, 343 Mass. 499, 501 (1962); Yaro v. Board of Appeals of Newburyport, 10 Mass. App. Ct. 587, 589 (1980). … See also Opinion of the Justices, *104 356 Mass. 775, 785-787 (1969); Board of Appeals of Hanover v.

Commonwealth v. Fondakowski

62 Mass. App. Ct. 939 · Massachusetts Appeals Court · Jan 20, 2005

L. c. 6, *940 § 178H(a), the Commonwealth was required to prove that the defendant knowingly provided false information to the board. 1 Relying on Still v. … Commonwealth v. Altenhaus, 317 Mass. 270, 273 (1944), quoting from Commonwealth v. Horsfall, 213 Mass. 232, 237 (1913). See Commonwealth v. Lawson, 46 Mass. App. Ct. 627, 629-630 (1999).

Mezzanine Capital Corp. v. Commissioner of Revenue

40 Mass. App. Ct. 56 · Massachusetts Appeals Court · Feb 15, 1996

See also French v. Assessors of Boston, 383 Mass. 481, 482 (1981). … Corp. v. State Tax Commn., 367 Mass. 360 .

Commonwealth v. Montanague

5 Mass. App. Ct. 889 · Massachusetts Appeals Court · Nov 14, 1977

See Commonwealth v. Brown, 354 Mass. 337, 345 (1968); Commonwealth v. Anderson, supra; Commonwealth v. Hall, 366 Mass. 790, 792-793, 797 (1975); Commonwealth v. Vynorius, supra at 21 . … Commonwealth v. Penta, 352 Mass. 271, 276 (1967). Commonwealth v. Brown, supra at 346 . Commonwealth v. Vynorius, supra at 20 . Commonwealth v. Genest, 371 Mass. 834, 836-837 (1977). See Spinelli v.

Madelon v. Metlife Ins. Co.

92 Mass. App. Ct. 1107 · Massachusetts Appeals Court · Oct 5, 2017

Nercessian v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds , 46 Mass. App. Ct. 766 , 775 (1999) (quotation omitted). … The board may consider hearsay evidence, so long as it bears "indicia of reliability and probative value." Merisme v. Board of Appeals on Motor Vehicle Liab. Policies & Bonds , 27 Mass. App.

Deibel v. Yorke

4 Mass. App. Ct. 770 · Massachusetts Appeals Court · Jan 22, 1976

The Superior Court had power to remand the case to the board of appeals (board) for further findings and a statement of the board’s reasons for granting-the variance. Roberts-Haverhill Associates v. … O’Brian v. Board of Appeals of Brockton, 3 Mass. App. Ct. 740 (1975) . 2. The board was not required to take the further action directed within either of the appeal periods set out in G.

Ducharme v. Commissioner of the Department of Employment & Training

49 Mass. App. Ct. 206 · Massachusetts Appeals Court · May 18, 2000

Guarino v. Director of the Div. of Employment Sec., 393 Mass. 89, 92 (1984). A decision by the board will be reversed only if it is based upon an error of law or is unsupported by substantial evidence.” Potris v. … As such, his finding was subject to review by the board. See Potris v.

Commonwealth v. Congdon

68 Mass. App. Ct. 782 · Massachusetts Appeals Court · Apr 27, 2007

Commonwealth v. Saferian, 366 Mass. 89, 96 (1974). Judgment affirmed. … Police then detained the defendant, who was holding $150, and Stidham, who dropped a brown paper bag containing packets of cocaine.

Ainslie Corp. v. Commissioner of Revenue

38 Mass. App. Ct. 360 · Massachusetts Appeals Court · Apr 6, 1995

Assessors of *365 Boston v. Ogden Suffolk Downs, Inc., 398 Mass. 604 , 608 n.3 (1986). Decision of the Appellate Tax Board affirmed. … “The board’s decision imports a finding of all subsidiary facts necessary to support it.” Roda Realty Trust v. Assessors of Belmont, 385 Mass. 493, 495 (1982). See also Assessors of Kingston v.