LOWERY v. RESCA

No. 08-P-2081.

75 Mass. App. Ct. 726 (2009)

MARK A. LOWERY, voluntary administrator, v. MICHAEL RESCA & another.

Appeals Court of Massachusetts, Suffolk.

November 10, 2009.


Attorney(s) appearing for the Case

Mark A. Lowery, pro se.

Joyce Koo Dalrymple, Assistant Attorney General, for the defendants.

Present: KATZMANN, BROWN, & WOLOHOJIAN, JJ.


WOLOHOJIAN, J.

The plaintiff, in his capacity as voluntary administrator of his father's estate, sued the defendants, Michael Resca and John Cronin, in their official capacities as agents of the Chelsea Soldiers Home (Home), a State-run health care facility for veterans.3 A Probate and Family Court judge dismissed the suit for lack of subject matter jurisdiction on the ground that, pursuant...

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