Friedman v. Bd. of Reg. in Med., 609 N.E.2d 1223 (Mass. 1993). · Go Syfert
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Friedman v. Bd. of Reg. in Med., 609 N.E.2d 1223 (Mass. 1993). Cases Citing This Book View Copy Cite
50 citation events (38 in the last 25 years) across 5 distinct courts.
Strongest positive: Saltanat Berdikeeva v. City Council of Gloucester, No. 25-P-1310 (Mass. App. Ct. July 8, 2026)
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414 Mass. at 665 Statutory appeal periods cannot be overridden by court rules18 citing casesthere is a statutory appeal period which cannot be overridden by a contrary rule of court when the manner and time for effective filing of an appeal are delineated in the statute6 citing courts put it this way
  • Saltanat Berdikeeva v. City Council of Gloucester, No. 25-P-1310 (Mass. App. Ct. July 8, 2026).unpublished
    (there is a statutory appeal period which cannot be overridden by a contrary rule of court when the manner and time for effective filing of an appeal are delineated in the statute)
  • Senior Hous. Props. Trust v. HealthSouth Corp., 447 Mass. 259 (2006).published
    (statutory appeal period . . . cannot be overridden by a contrary rule of court when the manner and time for effective filing of an appeal are delineated in the statute)
  • Morales v. Appeals Court, 696 N.E.2d 509 (Mass. 1998).published
    (a statutory appeal period . . . cannot be overridden by a contrary rule of court when the manner and time for effective filing of an appeal are delineated in the statute)
  • DeLucia v. Kfoury, 100 N.E.3d 748 (Mass. App. Ct. 2018).published 2 cites
    ([A] statutory appeal period ... cannot be overridden by a contrary rule of court when the manner and time for effective filing of an appeal are delineated in the statute)
  • Demello v. Cape Cod Spas & Pools, Inc., 2014 Mass. App. Div. 196 (Mass. Dist. Ct., App. Div. 2014).published
    Despite DeMello’s reasonable reliance on Advo, Inc., we are compelled to note that Rule 4(a) did not include Rule 60(b) motions in its ten-day ambit until May 1,2013 — a date after the court events here. 5 Indeed, at the time period releva…
  • Wells Fargo Bank, N.A. v. Okamura, 2014 Mass. App. Div. 42 (Mass. Dist. Ct., App. Div. 2014).published
    “does not toll the time limit for taking appeals in civil actions”
  • NES Rentals v. Maine Drilling & Blasting, Inc., 992 N.E.2d 291 (Mass. 2013).published
    (where “there is a statutory appeal period” it “cannot be overridden by a contrary rule of court)
  • Cummings Props., LLC v. Cepoint Networks, LLC, 2009 Mass. App. Div. 306 (Mass. Dist. Ct., App. Div. 2009).published
    (statute cannot be overriden by appellate procedure rule of court)
  • United Co-Operative Farmers, Inc. v. Aro, 24 Mass. L. Rptr. 348 (Mass. Super. Ct. 2008).published
    Muir v. Hall, 37 Mass.App.Ct. 38, 41 (1994), citing Friedman v. Board of Registration in Medicine, 414 Mass. 663, 665 (1993).
  • Commonwealth v. De'Amicis, 877 N.E.2d 925 (Mass. 2007).published
    (dismissing appeal for failure to comply with statutory deadline)
Show 8 more citing cases
  • Herrick v. Essex Reg'l Ret. Bd., 861 N.E.2d 32 (Mass. App. Ct. 2007).published 2 cites
    L. c. 30A, § 14(1), can be termed jurisdictional, see Friedman v. Board of Registration in Med., 414 Mass. 663, 665-666 (1993), does the plaintiff’s complaint fail because, though filed within the time mandated by statute, it did not name…
  • Ramaseshu v. Bd. of Reg., 804 N.E.2d 334 (Mass. 2004).published
    See White v. Commonwealth, 439 Mass. 1017 , 1017 n.l (2003); Friedman v. Board of Registration in Medicine, 414 Mass. 663, 665 (1993).
  • LaRoche v. Flynn, 771 N.E.2d 792 (Mass. App. Ct. 2002).published
    See, e.g., Harper v. Division of Water Pollution Control, 412 Mass. 464, 465 (1992); Friedman v. Board of Registration in Med., 414 Mass. 663, 665 (1993).
  • Ben v. Schultz, 716 N.E.2d 681 (Mass. App. Ct. 1999).published
    On appeal, the Supreme Judicial Court held that this court “had no authority to grant an extension of time for filing.” Ibid, at 1010. “[A] statutory appeal period . . . cannot be overridden by a contrary rule of court when the manner and…
  • E. Energy Corp. v. Energy Facilities Siting Bd., 643 N.E.2d 428 (Mass. 1994).published
    “[A] statutory appeal period . . . cannot be overridden by a contrary rule of court when the manner and time for effective filing of an appeal are delineated in the statute”
  • In re the Valuation of Bell Atl. Mobile of Massachusetts Corp., 926 N.E.2d 133 (Mass. 2010).published
    See Friedman v. Board of Registration in Med., 414 Mass. 663, 665 (1993), citing Harper v. Division of Water Pollution Control, 412 Mass. 464, 465 (1992).
  • Commonwealth v. Clark, 858 N.E.2d 768 (Mass. App. Ct. 2006).published
    See Friedman v. Board of Registration in Med., 414 Mass. 663, 665-666 (1993), and cases cited.
  • Muir v. Hall, 636 N.E.2d 312 (Mass. App. Ct. 1994).published
    See Friedman v. Board of Registration in Med., 414 Mass. 663, 665 (1993).
414 Mass. at 666 Filing deadlines for judicial review are jurisdictional5 citing cases“filing in the supreme judicial court within thirty days for judicial review is a jurisdictional requirement and not susceptible to extension except in limited circumstances as provided in the statute.”the opinion's own words at *666, quoted by 1 later opinions
  • Beres v. Bd. of Reg. of Chiropractors, 947 N.E.2d 569 (Mass. 2011).published 2 cites
    See Hamel v. Board of Registration of Funeral Directors & Embalmers, 449 Mass. 1008, 1009 (2007); Friedman v. Board of Registration in Med., 414 Mass. 663, 666 (1993).
  • Maitland v. Bd. of Reg. in Med., 859 N.E.2d 1292 (Mass. 2007).published 2 cites
    Although Maitland acknowledges that the statutory deadline is “jurisdictional” and “not susceptible to extension except in limited circumstances as provided in the statute [not applicable here],” Friedman v. Board of Registration in Med.,…
  • McLaughlin v. Contributory Ret. Appeal Bd., 33 Mass. L. Rptr. 145 (Mass. Super. Ct. 2014).published
    See Friedman v. Board of Registration in Medicine, 414 Mass. 663, 666 (1993).
  • Hamel v. Bd. of Reg. of Funeral Directors & Embalmers, 867 N.E.2d 319 (Mass. 2007).published
    See Friedman v. Board of Registration in Med., supra at 666.
  • Covell v. Dep't of Soc. Servs., 677 N.E.2d 1158 (Mass. App. Ct. 1997).published
    See Friedman v. Board of Registration in Medicine, 414 Mass. 663, 666 (1993); Flynn v. Contributory Retirement Appeal Bd., 17 Mass. App. Ct. 668, 669 (1984); Wolbach v. Beckett, 20 Mass. App. Ct. 302, 308 (1985); Board of Appeals of Rockpo…
414 Mass. at 664 Reviewing administrative decisions and statutory time limits4 citing casesfiling petition for judicial review of administrative procedure in the wrong court does not toll the thirty-day time limit for filing petition1 citing court put it this way
  • Doe v. Sex Offender Registry Bd., 23 Mass. L. Rptr. 197 (Mass. Super. Ct. 2007).published
    (filing petition for judicial review of administrative procedure in the wrong court does not toll the thirty-day time limit for filing petition)
  • Rinaldi v. State Bldg. Code Appeals Bd., 779 N.E.2d 688 (Mass. App. Ct. 2002).published
    In Friedman v. Board of Registration in Med., 414 Mass. 663, 664 (1993), the requirement was interpreted to mean “within thirty days from the time the party receives final notice of the agency.” Rinaldi admits that he was not a party to th…
  • Commonwealth v. Kobrin, 893 N.E.2d 384 (Mass. App. Ct. 2008).published
    See Friedman v. Board of Registration in Med., 414 Mass. 663, 664 (1993).
  • Care & Prot. of Georgette, 768 N.E.2d 549 (Mass. App. Ct. 2002).published
    (motion under rule 60[b][6] cannot be used to vacate a judgment after the statutory appeal period has expired without an appeal)
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Leonard R. Friedman
v.
Board of Registration in Medicine
Massachusetts Supreme Judicial Court.
Mar 31, 1993.
Published opinion
609 N.E.2d 1223
1993 Mass. LEXIS 152
Leonard R. Friedman, pro se., Amy Spector, Assistant Attorney General, for the Board of Registration in Medicine.
Lynch.
Cited by 35 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 76%
Citer courts: Massachusetts Appeals Court (2)
Lynch, J.

The plaintiff, Leonard R. Friedman, appeals from an order of a single justice of this court, denying a petition for review of decisions of the Board of Registration in Medicine (board). We affirm the single justice’s order.

1. Prior proceedings. On June 24, 1987, the board revoked the plaintiff’s registration to practice medicine for gross misconduct in the practice of medicine in violation of G. L. c. 112, §§ 5 (c), 5 (h), and 61, and 243 Code Mass. Regs. § 1.03 (5) (a) (3). Friedman v. Board of Registration in Medicine, 408 Mass. 474, 479 (1990). On January 13, 1991, he petitioned the board for reinstatement. On April 12, 1991, he moved to strike certain reasons given by complaint counsel in favor of denying reinstatement because they were not the grounds on which the original revocation occurred. Addi[*664]tionally, he filed a public records request seeking information he now claims to be newly discovered evidence.

In July, 1991, the plaintiff requested a single justice of this court, pursuant to G. L. c. 211, § 3 (1990 ed.), to order the board not to consider the complaint counsel’s allegedly new reasons for denying Friedman’s petition for reinstatement. After argument, the single justice denied the requested relief on August 13, 1991. According to the board, in December, 1991, it restored the plaintiffs registration subject to specific probationary requirements. On January 8, 1992, the plaintiff moved for relief from the June 24, 1987, decision pursuant to Mass. R. Civ. P. 60 (b) (6), 365 Mass. 828 (1974), based on the information he had obtained as part of his public records request. The board denied that motion on February 26, 1992. The plaintiff moved for reconsideration which was denied by the board on March 25, 1992. It appears that the plaintiff appealed from this denial to the Superior Court in April, 1992, pursuant to G. L. c. 30A, § 14 (1990 ed.). A Superior Court judge granted the board’s motion to dismiss for lack of subject matter jurisdiction on June 8, 1992.

The plaintiff then filed for relief before the single justice on June 24, 1992, seeking review of the board’s February and March, 1992, decisions, as well as the original revocation of his license in 1987. The single justice of this court issued an order denying the petition, without a hearing, triggering the present appeal.

2. Authorization to review the board’s revocation. “[A] person whose certificate, registration, license or authority has been suspended, revoked or cancelled,” may obtain review by the Supreme Judicial Court of the board’s decision in accordance with the standards provided in G. L. c. 30A, § 14. G. L. c. 112, § 64 (1990 ed.). Such a petition, however, must be filed within thirty days from the time the party receives notice of the final decision of the agency. See G. L. c. 30A, § 14 (l).[1] The plaintiff is seeking review of the board’s final[*665] decisions, the latest of which, denial of reconsideration, occurred on March 25, 1992. The petition for relief pursuant to G. L. c. 112, § 64, filed in the county court on June 24, 1992, was therefore time barred for failure to meet the thirty-day limit of G. L. c. 30A, § 14. The plaintiffs argument, that his appeal is not time barred because Mass. R. Civ. P. 60 (b) (6) vitiates any statutory limit of a filing time, is without merit. A motion for relief from judgment brought pursuant to Mass. R. Civ. P. 60 does not toll the time limit for taking appeals in civil actions. Karen Constr. Co. v. Lizotte, 396 Mass. 143, 145 (1985). Furthermore, here there is a statutory appeal period which cannot be overridden by a contrary rule of court when the manner and time for effective filing of an appeal are delineated in the statute. Harper v. Division of Water Pollution Control, 412 Mass. 464, 465 (1992). Failure to file for judicial review of an administrative decision within the time specified in the statute results in the dismissal of the appeal. See Clemons v. Director of the Div. of Employment Sec., 395 Mass. 174, 176 (1985); Schulte v. Director of the Div. of Employment Sec., 369 Mass. 74, 79 (1975). Filing the petition incorrectly in the Superior Court, instead of the Supreme Judicial Court, will not toll the thirty-day time limit. See New Bedford Gas & Edison Light Co. v. Assessors of Dartmouth, 368 Mass. 745, 747 (1975) (adherence to time limitation in statute is prerequisite to effective application for appeal); Greeley v. Zoning Bd. of Appeals of Framingham, 350 Mass. 549, 552 (1966) (filing appeal with someone other than official designated in statute ineffective filing); O’Day v. School Comm. of W. Brookfield, 343 Mass. 122, 125 (1961) (petitioner must “bring” petition[*666] within meaning of statute). Filing in the Supreme Judicial Court within thirty days for judicial review is a jurisdictional requirement and not susceptible to extension except in limited circumstances as provided in the statute. See G. L. c. 30A, § 14 (1); Harper v. Division of Water Pollution Control, supra at 467; Board of Appeals of Rockport v. De-Carolis, 32 Mass. App. Ct. 348, 352 (1992). While the plaintiff, a law school graduate, is proceeding pro se, he is still bound to the same rules and requirements as one represented by counsel. Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985). Since the single justice’s denial of the petition is sustainable on the above ground, we need not consider the other issues raised.

Order affirmed.

1

An action for judicial review must be commenced within thirty days “after receipt of notice of the final decision of the agency or if a petition[*665] for rehearing has been timely filed with the agency, within thirty days after receipt of notice of agency denial of such petition for rehearing. Upon application made within the thirty-day period or any extension thereof, the court may for good cause shown extend the time.” G. L. c. 30A, § 14 (1) (1990 ed.). General Laws c. 112, § 64 (1990 ed.), does not refer specifically to § 14 (1) of c. 30A. The plaintiff, however, does not argue that § 14 (1) does not apply to filings in the Supreme Judicial Court and we can conceive of no reason why it should not.