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JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 5350 v. SEX OFFENDER REGISTRY BOARD

429 Mass. 654 (1999)

JOHN DOE, SEX OFFENDER REGISTRY BOARD No. 5350 v. SEX OFFENDER REGISTRY BOARD.

Supreme Judicial Court of Massachusetts, Suffolk.

June 11, 1999.

Attorney(s) appearing for the Case

Gregory S. Gilman, Assistant Attorney General, for the defendant.

Carol A. Donovan, Committee for Public Counsel Services, for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

FRIED, J.

The sex offender registry board (board) appeals from an order of a single justice of the Appeals Court refusing to allow the voluntary dismissal of its appeal under Mass. R. A. P. 29 (b), as amended, 378 Mass. 943 (1979). Because the plaintiff will have the benefit of the injunction he requested and dismissal will not result in prejudice, unfairness, or a waste of judicial resources, the motion for voluntary dismissal should have been allowed.

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