Benyamin v. City Manager
Benyamin v. City Manager
Opinion of the Court
Benyamin was convicted by a jury on two counts of rape, one count of indecent assault and battery, and one count of assault with intent to rape. The Appeals Court affirmed the convictions, Commonwealth v. Benyamin, 49 Mass. App. Ct. 1119 (2000), and this court denied further appellate review, Commonwealth v. Benyamin, 432 Mass. 1107 (2000). In his G. L. c. 211, § 3, petition, Benyamin alleged that the accusations against him, his subsequent prosecution, and various civil actions naming him as a defendant were part of a “scheme” or “conspiracy” to deprive him of three properties (and some vehicles) that he owned in Worcester; that each of those properties was the
The single justice properly denied relief under G. L. c. 211, § 3.
The single justice neither abused his discretion nor otherwise erred in denying relief.
Judgment affirmed.
benyamin failed to comply with S.J.C. Rule 2:22, 422 Mass. 1302 (1996) (“Any petition seeking to invoke the general superintendency power of the court pursuant to G. L. c. 211, § 3, shall name as respondents and make service upon all parties to the proceeding before the lower court. . .”). In addition, he did not contend that the city manager, the sole named respondent, was part of the alleged conspiracy.
“We do not consider any . . . issues, arguments [or] claims raised by [the petitioner] on appeal that were not raised before the single justice.” Bloise v. Bloise, 437 Mass. 1010, 1010 (2002).
Benyamin’s remaining arguments concerning the single justice proceedings lack merit. He was not entitled to a hearing on his petition, and there was nothing incorrect about the form of the notice he received of the single justice’s order.
Reference
- Full Case Name
- George R. Benyamin v. City Manager of Worcester
- Status
- Published