COWIN, J.
Jerome A. Napolitano appeals from a judgment of a single justice of this court denying relief on a complaint for declaratory judgment. Napolitano sought a declaration that a previous ruling by another single justice, denying his G. L. c. 278, § 33E, petition for leave to appeal from the denial of a second postrescript motion for a new trial, was arbitrary and capricious and deprived him of equal protection.
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