
    William F. MURPHY and Susan KAITBENSKI MURPHY vs. J. BOWES CONSTRUCTION COMPANY, INC.
    No. 295
    District Court Department Appellate Division, Western District Trial Court of the Commonwealth of Massachusetts
    July 3, 1981
    Robert E. George, counsel for plaintiffs
    Frank H. Conway, counsel for defendant
   DECISION AND ORDER

This cause came on to and was heard in the Appellate Division for the Western District sitting at Springfield upon Petition to Establish Report from the Dudley Division and It is hereby

ORDERED: That the Clerk of the Dudley Division make the following entry in said case on the docket of said Court, namely: The plaintiff’s petition to establish report is hereby dismissed.

Date: July 3, 1981

William T. Walsh, Presiding Justice

Mel Greenberg, Justice

Allan McGuane, Justice

Opinion filed herewith.

Robert E. Fein, Clerk

OPINION

WALSH, P.J.

This is a petition to establish report brought pursuant to the provision of Dist./Mun. Cts. R. Civ. P. 64(e). After plaintiffs’ complaint was dismissed by the trial judge, a draft report was filed. After a hearing, the judge dismissed the original draft report and, according to the petition, “requested that a redraft of the submitted report be effected by the plaintiff addressing all the issues ...”

After a second draft report was filed, the judge disallowed it, setting forth at length and in considerable detail his reasons. This petition was then timely filed. A chronological list of events is set forth in the affidavit accompanying the petition along with the following statement:

“That all of the material facts relating to this case are before the Court in the formofthedraft_ report submitted herewith and the accompanying appendix which provides this Court with all the evidence material to the questions reported and which were before the District Court in the two draft reports.”

The petition fails for want of verification that the draft report conformed to the truth. As stated in Cook v. Kozlowski, 351 Mass. 708 (1967), “The petition does not contain an unequivocal allegation, supported by an unequivocal affidavit, that the draft report conforms to the truth.” See, Stevens v. United Artists Corporation, 373 Mass. 854 (1977); Lasell v. Director of the Div. of Employment Security, 325 Mass. 23, 25-26 (1949).

The plaintiffs’ petition to establish report is hereby dismissed.

William T. Walsh, Presiding Judge

MelL. Greenberg, Justice

Allan McGuane, Justice

This certifies that this is the OPINION of the Appellate Division in this case.

Robert E. Fein, Clerk  