Connery v. Comm'r of Corr., 414 Mass. 1009 (Mass. 1993). · Go Syfert
Connery v. Comm'r of Corr., 414 Mass. 1009 (Mass. 1993). Cases Citing This Book View Copy Cite
“irrespective of the merits of the case, dismissal of the case under mass. r. civ. p. 12 was not a correct disposition" because "n an action for declaratory relief ... the court ought to declare the rights of the parties”
22 citation events (14 in the last 25 years) across 3 distinct courts.
Strongest positive: Buffalo-Water 1, LLC v. Fidelity Real Estate Company, LLC (mass, 2018-11-26)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
examined Cited as authority (quoted) Buffalo-Water 1, LLC v. Fidelity Real Estate Company, LLC
Mass. · 2018 · quote attribution · 1 verbatim quote · confidence low
irrespective of the merits of the case, dismissal of the case under mass. r. civ. p. 12 was not a correct disposition" because "n an action for declaratory relief ... the court ought to declare the rights of the parties
discussed Cited as authority (rule) Crowell v. Massachusetts Parole Board
Mass. · 2017 · confidence medium
The case to which the defendant cites undermines his argument, as the court held that the nature of a prisoner’s sentence depends on the maximum term, which sets “the maximum amount of time that the prisoner will serve in prison if he ... is not granted parole,” whereas the minimum term “serves as a base for determining his parole eligibility date.” Connery v. Commissioner of Correction, 33 Mass. App. Ct. 253, 254 (1992), S.C., 414 Mass. 1009, 1011 (1993), citing Commonwealth v. Hogan, 17 Mass. App. Ct. 186, 189 (1983), and Commonwealth v. Haley, 23 Mass. App. Ct. 10, 18 (1986).
discussed Cited as authority (rule) Dexter v. Superintendent, Massachusetts Correctional Institution, Concord
Mass. App. Ct. · 2015 · signal: cf. · confidence medium
Cf. Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993) (“Because the interpretation now urged by the defendants was not contemporaneous with the enactment of the statute and is inconsistent with the contemporaneous [and longstanding] interpretation made by the agencies at the time of enactment, the Appeals Court correctly did not accord ‘substantial deference’ to the defendants’ current interpretation”).
discussed Cited as authority (rule) Monell v. Boston Pads, LLC
Mass. Super. Ct. · 2013 · confidence medium
Connery v. Commissioner of Com, 414 Mass. 1009, 1010 (1993) (‘The duly of statutory interpretation is for the courts”), quoting Cleary v. Cardullo’s, Inc., 347Mass. 337,344 (1964); see Kourouvacilis, 410 Mass, at 713.
discussed Cited as authority (rule) Biogen IDEC MA, Inc. v. Treasurer & Receiver General (2×) also: Cited "see"
Mass. · 2009 · confidence medium
This deference is heightened where an agency’s interpretation is contemporaneous with the enactment of the statute construed, see EMC Corp. v. Commissioner of Revenue, 433 Mass. 568, 572-573 (2001), because “the interpretation was made close to the time the Legislature enacted the statute and may represent ‘understanding of the public regarding the enactment.’ ” Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993), quoting Wilcox v. Riverside Park Enters., Inc., 399 Mass. 533 , 539 n.14 (1987).
discussed Cited as authority (rule) United States Gypsum Co. v. Executive Office of Environmental Affairs
Mass. App. Ct. · 2007 · confidence medium
Little, Inc. v. Commissioner of Health & Hosps. of Cambridge, 395 Mass. 535, 553 (1985); Polednak v. Rent Control Bd. of Cambridge, 397 Mass. 854, 858-859 (1986); Boston Police Superior Officers Fedn. v. Boston, 414 Mass. 458, 462 (1993); Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993); Morin v. Commissioner of Pub.
discussed Cited as authority (rule) Franklin W. Olin College of Engineering v. Department of Telecommunications & Energy
Mass. · 2003 · confidence medium
While “[significance in interpretation may be given to a consistent, long continued administrative application of an ambiguous statute” (emphasis in original), Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993), quoting Cleary v. Cardullo’s, Inc., 347 Mass. 337, 343 (1964), the meaning the department apparently gives to a phrase in a single case is not established automatically as its meaning in all future cases.
discussed Cited as authority (rule) Foss v. Commonwealth
Mass. · 2002 · confidence medium
We have held with respect to an agency interpretation of a statute, “[t]he basis for affording the contemporaneous interpretation deference is that the interpretation was made close to the time the Legislature enacted the statute and may represent ‘understanding of the public regarding the enactment.’ ” Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993), quoting Wilcox v. Riverside Park Enters., Inc., 399 Mass. 533 , 539 n.14 (1987).
cited Cited as authority (rule) Khan v. Dime Savings Bank of New York, FSB
Mass. Super. Ct. · 1993 · confidence medium
Connery v. Comm’r of Correction, 414 Mass. 1009, 1010 (1993).
cited Cited as authority (rule) Board of Education v. School Committee of Quincy
Mass. · 1993 · confidence medium
“The duty of statutory interpretation is for the courts.” Connery v. Commissioner of Correction, supra at 1010, quoting Cleary v. Cardullo’s, Inc., 347 Mass. 337, 344 (1964).
discussed Cited "see" Massachusetts Teachers' Retirement System v. Contributory Retirement Appeal Board
Mass. · 2013 · signal: see · confidence high
See Biogen IDEC MA, Inc. v. Treasurer & Receiver Gen., 454 Mass. 174, 187 (2009), quoting Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993) (interpretation made close to time Legislature enacted statute is entitled to “heightened” deference because it “may represent ‘understanding of the public regarding the enactment’ ”).
cited Cited "see" Cornetta's Case
Mass. App. Ct. · 2007 · signal: see · confidence high
See Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993).
cited Cited "see" Cardwell v. Board of Appeals of Woburn
Mass. App. Ct. · 2004 · signal: see · confidence high
See Connery v. Commissioner of Correction, 33 Mass. App. Ct. 253 , 254 n.4 (1992), S.C., 414 Mass. 1009 (1993).
cited Cited "see" Independent Bank Corp. v. Spence
Mass. Super. Ct. · 2003 · signal: see · confidence high
See Connery v. Commissioner of Correction, 33 Mass.App.Ct. 253 , 254 n.4 (1992), aff'd., 414 Mass. 1009 (1993); Whitehouse v. Sherborn, 11 Mass.App.Ct. 668, 676 (1981).
discussed Cited "see" Leopoldstadt, Inc. v. Commissioner of the Division of Health Care Finance & Policy
Mass. · 2002 · signal: see · confidence high
See Connery v. Commissioner of Correction, 414 Mass. 1009, 1010 (1993), quoting Cleary v. Cardullo’s, Inc., 347 Mass. 337, 343 (1964) (“Significance in [statutory] interpretation may be given to a consistent, long continued administrative application of an ambiguous statute . . . especially if the interpretation is contemporaneous with the enactment”).
Retrieving the full opinion text from the archive…
Kevin Connery & another
v.
Commissioner of Correction & another (and a companion case)
Massachusetts Supreme Judicial Court.
Apr 6, 1993.
414 Mass. 1009
James R. Pingeon for the plaintiffs., Pamela L. Hunt, Assistant Attorney General, for the defendants., The plaintiffs, pro se, submitted a brief.
Cited by 20 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 67%
Citer courts: Massachusetts Supreme Judicial… (1)

We granted the defendants’ application for further appellate review to consider their claim that the Appeals Court erred because it did not give “substantial deference” to their interpretation of G. L. c. 127, § 129D (1990 ed.). See Connery v. Commissioner of Correction, 33 Mass. App. Ct. 253 (1992). At issue is “[wjhether good conduct deductions, earned pursuant to G. L. c. 127, § 129D, should be subtracted from the minimum term of a [Sjtate prison sentence, or from that portion of the minimum[*1010] sentence that G. L. c. 127, § 133 requires to be served prior to parole eligibility.” The Superior Court judge dismissed Connery’s case and reported the question in Tolley’s case. The Appeals Court concluded that good time credits earned pursuant to G. L. c. 127, § 129D, are to be deducted from the parole eligibility date as calculated pursuant to G. L. c. 127, § 133 (1990 ed.). 33 Mass. App. Ct. 253 (1992). Connery argues that the judge incorrectly dismissed his complaint. Tolley asks that we answer the reported question consistent with the Appeals Court’s ruling in Connery’s case.

In their application, the defendants contend that “[t]he current interpretation of a statute by the agencies charged with its implementation is entitled to ‘substantial deference.’ Goddard Memorial Hosp. v. Rate Setting Comm’n, 403 Mass. 736, 744 (1989). See also Commissioner of Revenue v. Exxon Corp., 407 Mass. 17, 22 (1990).” The defendants argue we should “only look to current interpretation, and not past erroneous applications.” According to the defendants, this is especially true when the statute is amended during the period in question. The defendants conclude that the failure of the Appeals Court to follow this principle led the Appeals Court to an erroneous interpretation of G. L. c. 127, § 129D. We do not agree.

The defendants have not stated the principle as it should be stated. “Significance in interpretation may be given to a consistent, long continued administrative application of an ambiguous statute . . . especially if the interpretation is contemporaneous with the enactment” (citation omitted). Cleary v. Cardullo’s, Inc., 347 Mass. 337, 343 (1964). See Commissioner of Revenue v. SCA Disposal Servs. of New England, Inc., 383 Mass. 734, 737-738 (1981); Lowell Gas Co. v. Commissioner of Corps. & Taxation, 377 Mass. 255, 262 (1979). The basis for affording the contemporaneous interpretation deference is that the interpretation was made close to the time the Legislature enacted the statute and may represent “understanding of the public regarding the enactment.” Wilcox v. Riverside Park Enters., Inc., 399 Mass. 533, 539 n.14 (1987). See 2B Singer, Sutherland Statutory Construction § 49.08, at 67 (5th ed. 1992) (“A contemporaneous interpretation is . . . given special consideration since it was made at a time when the circumstances leading up to the enactment of the statute were well known”). Because the interpretation now urged by the defendants was not contemporaneous with the enactment of the statute and is inconsistent with the contemporaneous (and long-standing) interpretation made by the agencies at the time of enactment, the Appeals Court correctly did not accord “substantial deference” to the defendants’ current interpretation.

“The duty of statutory interpretation is for the courts.” Cleary v. Cardullo’s, Inc., supra at 344. The Appeals Court set forth the history of the statute, compared the statute to similar statutes, and considered the statute’s underlying policies. The Appeals Court determined that the current[*1011] interpretation of the statute by the defendants was incorrect as matter of law. We agree with the result, the analysis, and the reasoning of the Appeals Court.

James R. Pingeon for the plaintiffs. Pamela L. Hunt, Assistant Attorney General, for the defendants. The plaintiffs, pro se, submitted a brief.

For the reasons stated by the Appeals Court, the cases are remanded to the Superior Court. The judgment of dismissal in Connery’s case is vacated, and a new judgment is to be entered declaring that the good time credits earned pursuant to G. L. c. 127, § 129D, are to be deducted from the parole eligibility date as calculated pursuant to G. L. c. 127, § 133. A judgment in Tolley’s case should be entered and the question reported should be answered consistent with the declaration in Connery’s case. The cases then are to be remanded to the Department of Correction and the parole board to recalculate the prisoners’ parole eligibility dates.

So ordered.