
    Robert BEEMAN & Robert GARRITY d/b/a LIBERTY BUILDERS v. Thomas E. KNEELAND, Jr.
    No. 8644
    District Court Department Appellate Division, Northern District Trial Court of the Commonwealth of Massachusetts
    August 4, 1981
    William I. Barron, Esq., counsel for plaintiff
    Thomas F. Kneeland, Ir., counsel for defendant
   OPINION

FORTE, I.

This is a petition to establish the defendant’s draft report upon which the trial judge took no action. Prior to the expiration of three months from the filing of the draft report, the clerk sent the defendant the prescribed 14-day notice as called for by Rule 64(c)(5). Whereupon, this petition to establish a report was filed to preserve the viability of the defendant’s appeal.

Rule 64(e) specifies the required contents of a petition to establish a report. One requirement is the petition be verified by affidavit that it conforms to the truth.

Without being “verified by affidavit” the petition must be dismissed. Lasell v. Director of Division of Employment Security, 325 .Mass. 23 (1949); O’Flanagan v. Smith, 317 Mass. 770 (1944); DuBois v. Boston & Maine RR, 315 Mass. 758 (1944); Parkway Imports Inc. v. Askinos, 37 Mass. App. Dec. 200 (1967).

Petition is dismissed.

Elliott T. Cowdrey, P.J.

JohnP. Forte, J.

lames B. Tiffany, I.

This certifies that this is the opinion of the Appellate Division in this cause.

Charles R. Jannino

Clerk, Appellate Division  