Posts tagged "Callahan"

Callahan v. Board of Appeal on Motor Vehicle Liability Policies and Bonds (Lawyers Weekly No. 11-122-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   15-P-475                                        Appeals Court   ELEANOR CALLAHAN  vs.  BOARD OF APPEAL ON MOTOR VEHICLE LIABILITY POLICIES AND BONDS & another.[1]     No. 15-P-475.   Suffolk.     February 1, 2016. – September 12, 2016.   Present:  Cohen, Carhart, & Kinder, JJ.     Board of Appeal on Motor Vehicle Liability Policies and Bonds.  Motor Vehicle, Board of Appeal on Motor Vehicle Liability Policies and Bonds, Operating under the influence, License to operate, Homicide.  Registrar of Motor Vehicles, Revocation of license to operate.  License.  Administrative Law, Decision.       Civil actions commenced in the Superior Court Department on March 31, 2011, and January 21, 2014.   After consolidation, the case was heard by Edward P. Leibensperger, J., on a motion for judgment on the pleadings, and a motion to dismiss was also heard by him.     Martin P. Desmery for the plaintiff. Robert L. Quinan, Jr., Assistant Attorney General, for the defendants.     COHEN, J.  The plaintiff sought judicial review of a decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds (board) denying her application for reinstatement of her driver’s license.  On cross motions for judgment on the pleadings, a judge of the Superior Court ruled in favor of the board, and the plaintiff appealed to this court.  The plaintiff argues that the board erred in determining that her 1989 conviction of “driving while ability is impaired,” in violation of the New York State Vehicle Traffic Law (VTL), is “substantially similar” to a Massachusetts conviction of operating a motor vehicle while under the influence of intoxicating liquor (OUI), thereby subjecting her to lifetime revocation of her driver’s license as a result of her subsequent conviction of motor vehicle homicide while OUI.  The plaintiff also argues that the board lacked the authority to reconsider an earlier decision granting her a restricted, hardship license.  For the reasons that follow, we affirm. Background.  The relevant facts are drawn from the administrative record and are not disputed.  On October 30, 1988, the plaintiff was charged in Lewisboro, New York, with driving while intoxicated per se, pursuant to VTL § 1192.2; driving while intoxicated, pursuant to VTL § 1192.3; and driving left of the pavement marking, pursuant to VTL § 1126a.  These charges were resolved on January 23, 1989, when the plaintiff pleaded guilty to the lesser charge of “driving while ability is […]

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Posted by Massachusetts Legal Resources - September 12, 2016 at 7:09 pm

Categories: News   Tags: , , , , , , , , , ,

Callahan v. Callahan (Lawyers Weekly No. 11-054-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us       13‑P‑178                                        Appeals Court   APRIL B. CALLAHAN  vs.  RICHARD E. CALLAHAN. No. 13‑P‑178. Hampden.     April 2, 2014.  ‑  May 28, 2014. Present:  Grasso, Kafker, & Graham, JJ. Abuse Prevention.       Complaint for protection from abuse filed in the Hampden Division of the Probate and Family Court Department on July 6, 2010.   Motions to extend and to modify or terminate an abuse prevention order were heard by David G. Sacks, J.     Richard E. Callahan, pro se.     GRASSO, J.  At issue is whether a Probate and Family Court judge abused his discretion in extending (and refusing to modify or terminate) an abuse prevention order issued under G. L. c. 209A when the subject of that order was also serving a prison sentence for crimes of violence against the plaintiff who obtained the order.  We conclude that the judge did not err and affirm.   1.  Background.  On July 6, 2010, April B. Callahan sought and received an abuse and prevention order against her then husband, Richard E. Callahan, in the Hampden Division of the Probate and Family Court.  The order directed Richard to refrain from abusing April and to vacate and remain away from the marital home, awarded April physical custody of their minor child, and provided visitation to Richard.  On July 19, 2010, April moved to amend the order to include no contact with the child.  After a hearing at which both parties were present, a judge allowed the motion, modified the order, and continued the matter for further hearing on August 4, 2010. Later in the day on July 19, 2010, Richard violated the order and was arrested for crimes of violence against April, discussed at greater length below.  Although held on bail, Richard appeared at the modification hearing held on August 4, 2010, at which the judge scheduled a review of the order modifications for September 22, 2010.  On September 22, 2010, after further hearing at which both parties appeared, a judge modified the order to include a provision directing Richard not to contact April, to stay twenty-five yards away from her, and to stay away from her workplace.  As so modified the order extended to July 6, 2011, which marked one year from the date of the initial order. On July 6, 2011, the abuse prevention order was extended for an additional […]

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Posted by Massachusetts Legal Resources - May 28, 2014 at 8:28 pm

Categories: News   Tags: , , ,

Callahan Tunnel to Close for Three Months in 2014

A major connector between Boston’s North End and East Boston will be shut down for three months at the beginning of 2014. The Callahan Tunnel will close beginning in January 2014 and ending three months later with intermittent overnight closures four four to five months thereafter for a “complete rehabilitation,” according to a Massachusetts Department of Transportation statement Thursday. “The Callahan has served motorists well since the day it opened in 1961 and was paired with the Sumner tunnel,” MassDOT Highway Administrator Frank DePaola said in the statement.  “However, every aspect of the tunnel is in fair to poor condition, and the time has come to put the Callahan in shape to last another 50 years.” There will be “extensive public outreach” to determine the best available detours and alternate routes during the closure, according to the statement. The $ 34.9 million tunnel overhaul will include rehabilitation of the 52-year old tunnel’s deck, curb line, gutters and replacement of the tunnel’s wall panels. MassDOT has scheduled a public information session regarding the closure: Wednesday, June 26 – 6:30pm, East Boston High School, 86 White Street According to the statement: In December 2012, a single wall panel fell during evening rush hour.  There were no injuries to motorists, damage to vehicles or structural concerns; however, three additional panels are removed as a precaution that evening.  MassDOT immediately in December conducted an overnight pull-test of all 2800 panels inside the Callahan Tunnel, removing approximately 120 panels due to either advanced corrosion or as a precaution. In January 2013, plans were carried out to remove all the panels from the Callahan to ensure safety, resulting in dim conditions but no structural issues. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch

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Posted by Massachusetts Legal Resources - June 25, 2013 at 1:16 pm

Categories: Arrests   Tags: , , , , ,