MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
The issue presented in this appeal is whether the defendant has a right to appeal from an order entered by a single justice of this court on February 17, 2023, denying her petition brought pursuant to G. L. c. 231, § 118. She does not. The Supreme Judicial Court has “stated on a number of occasions that there is no right of appeal from the denial of a petition under the first paragraph of § 118.” McMenimen v. Passatempo, 452 Mass. 178, 189 (2008). Accordingly, the order entered by a different single justice on March 22, 2023, striking the defendants notice of appeal from the order denying her petition is affirmed. 2
Order of the single justice entered on March 22, 2023, striking notice of appeal affirmed.
FOOTNOTES
2
. The plaintiffs request for appellate attorneys fees and costs is denied. The defendants motion docketed on June 16, 2023 is also denied.