
    Robert W. Foster, petitioner.
    May 5, 1969.
    „ . Roger F. Turner for the petitioner.
    No argument or brief for the respondents.
   This is a petition for leave to appeal late from a decree of the Superior Court for Norfolk County. It is alleged that failure to appeal was due to accident or mistake. G. L. c. 214, § 28, as appearing in St. 1960, c. 207, § 2. The single justice denied the petition as matter of discretion. See Trager, petitioner, 345 Mass. 650, 652; Fall River, petitioner, 346 Mass. 333, 335. No abuse of discretion appears. There is no convincing explanation of the accident or mistake. It does not appear that the petitioner had a meritorious case. See General Motors Corp., petitioner, 344 Mass. 481, 482, and cases cited. Further, the petition was not brought within one year after the entry of the decree from which he desires to appeal.”

Decree denying petition affirmed.  