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LLOYD MATTHEWS vs. KENNETH D'ARCY.

Appeal from order of single justice.

This is an appeal under S.J.C. Rule 2:21, 421 Mass. 1303 (1995), from a single justice's denial of a petition for relief under G.L.c. 211, § 3 (1994 ed.). As this is a discovery matter in a civil trial, an appeal was available to a single justice of the Appeals Court under G.L.c. 231, § 118, first par. (1994 ed.). The single justice committed no error of law and did not abuse his discretion. His denial of the plaintiff's request for relief is affirmed.

So ordered.

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MATTHEWS v. D'ARCY
(May 20, 1996)