In this case, Matthews has not properly demonstrated that he availed himself of other available means of achieving the desired relief. Noticeably absent from his submission to the single justice were copies of the correspondence he claims to have sent to the clerk of the Superior Court, a judge of that court, and the court’s Chief Justice, regarding the court’s failure to act on his motions. See Zatsky v. Zatsky,
We are mindful, nevertheless, that Matthews’s multiple motions in the Superior Court have gone without action by the court for periods now ranging from more than six months to more than one year, and that the deposition of D’Arcy ordered on June 29, 1995, has not yet taken place. We shall remand this case to the county court, where Matthews will have thirty days from the date of the rescript in which to file an amended petition containing updated and
So ordered.
Notes
We note a further deficiency in Matthews’s petition. He did not demonstrate, or even allege, that the motions he filed in the Superior Court were correctly served on D’Arcy. Copies of his motions were not made part of the record before the single justice. Nor was a copy of D’Arcy’s opposition included. Without proof of proper service and a showing that the motions were otherwise ripe for disposition, the single justice was in no position to order the Superior Court to dispose of these motions.
