Category: Connecticut Appellate & Supreme Courts Opinions

236 A.2d 83 NOMA FRATZEL v. RICHARD FRATZEL ET AL. Supreme Court of Connecticut ALCORN, HOUSE, THIM, RYAN and COVELLO, Js. Argued November 7, 1967 Decided November 29, 1967 Action to recover damages for personal injuries, alleged to have been caused by the negligence of the defendants, brought to the Superior Court in New Haven […]

DREAMBUILDERS CONSTRUCTION, INC. v. EMALIE DIAMOND 997 A.2d 553 (AC 30796)Appellate Court of Connecticut Bishop, Beach and Schaller, Js. Syllabus The plaintiff construction company, which had been hired by the defendant to remediate certain water damage to the defendant’s house and to remodel the entire house, sought to foreclose a mechanic’s lien on certain of […]

612 A.2d 1174 STATE OF CONNECTICUT v. DENNIS CROSSWELL (14286)Supreme Court of Connecticut PETERS, C.J., CALLAHAN, GLASS, BORDEN and BERDON, Js. Convicted of the crimes of robbery in the first degree, conspiracy to commit robbery in the first degree, burglary in the first degree, conspiracy to commit burglary in the first degree and assault in […]

586 A.2d 1164 ADRIA ESAW v. STEPHEN C. FRIEDMAN ET AL. (13865)Supreme Court of Connecticut SHEA, GLASS, HULL, BORDEN and F. X. HENNESSY, Js. The plaintiff sought to recover for personal injuries she sustained in an automobile accident allegedly caused by the negligence of the named defendant. During the trial, the trial court allowed the […]

848 A.2d 1293 JOHNNY BERNARD LEE v. COMMISSIONER OF CORRECTION. (AC 23886)Appellate Court of Connecticut Foti, Dranginis and West, Js. Submitted on briefs April 2, 2004 Officially released April 27, 2004 Petitioner’s appeal from the Superior Court in the judicial district of New Haven, Radcliffe, J. Per Curiam. The habeas court did not abuse its […]

707 A.2d 746 ALAN SOLOMON ET AL. v. WILLIAM C. GILMORE ET AL. (AC 16087)Appellate Court of Connecticut Foti, Spear and Cretella, Js. SYLLABUS The plaintiffs sought to foreclose a mortgage on certain real property owned by the defendants. The trial court granted the plaintiffs’ motions for summary judgment and rendered judgment of strict foreclosure, […]

796 A.2d 633 PETER A. BECKER v. BRIDGEPORT HARBOR MASTER (AC 22021)Appellate Court of Connecticut Mihalakos, Dranginis and Flynn, Js. Submitted on briefs February 28 Officially released April 2, 2002. Plaintiff’s appeal from the Superior Court in the judicial district of Fairfield, Skolnick, J.; Stevens, J. Per Curiam. The judgment is affirmed.

JOHN M. MORGAN v. DAVID WRIGHT ET AL. 988 A.2d 247 (AC 31188)Appellate Court of Connecticut Harper, Alvord and Pellegrino, Js. Syllabus The plaintiff sought to recover damages for, inter alia, breach of a residential construction contract entered into between the defendants, D and T, Page 254 and A Co., a company of which the […]

114 A.2d 694 STATE OF CONNECTICUT v. JAMES JORDAN Supreme Court of Connecticut INGLIS, C.J., BALDWIN, O’SULLIVAN, WYNNE and DALY, Js. Just as the failure of a husband to support his wife while she is living apart from him without justification is not ground for a criminal prosecution for nonsupport or a civil action by […]

408 A.2d 229 ANTHONY J. CALANDRO v. ZONING COMMISSION OF THE CITY OF BRIDGEPORT ET AL. Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and PETERS, Js. Argued December 5, 1978 Decision released January 9, 1979 Appeal from a decision of the defendant commission denying an application for a change of zone, brought to […]

878 A.2d 384 NORMAN TUCHMAN ET AL. v. STATE OF CONNECTICUT ET AL. No. (AC 24792).Appellate Court of Connecticut. Lavery, C.J., and DiPentima and McLachlan, Js. Syllabus The plaintiffs sought, inter alia, to enjoin the defendants, the state of Connecticut, the department of environmental protection and N, an employee of the department, from prohibiting the […]

225 A.2d 637 ALBERT MIKLUS ET AL. v. THE ZONING BOARD OF APPEALS OF THE TOWN OF FAIRFIELD ET AL. Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. The defendant B was granted a special exception permitting her property to be used for a 120-bed hospital. The Fairfield zoning regulations required […]

662 A.2d 1327 STATE OF CONNECTICUT v. SHERMAN ADAMS (12303)Appellate Court of Connecticut DUPONT, C.J., and LANDAU and HENNESSY, Js. Convicted of multiple counts of the crimes of burglary in the second degree, larceny in the first degree, larceny in the third degree, larceny in the fourth degree and stealing a firearm, the defendant appealed […]

88 A.2d 115 MARIE G. SLABINSKI [EDWARD M. SLABINSKI, ADMINISTRATOR, SUBSTITUTED PLAINTIFF] v. DENNIS DIX Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and O’SULLIVAN, Js. Where the trial judge disagrees with the verdict of the jury, this court on appeal reviews the action of the judge in setting aside the verdict rather than […]

802 A.2d 63 ROSE LaFLAMME v. JOSEPH DALLESSIO, EXECUTOR (ESTATE OF DOMINIC DALLESSIO) (SC 16594)Supreme Court of Connecticut Borden, Norcott, Katz, Palmer and Vertefeuille, Js. Syllabus The plaintiff, who had been injured in a fall on certain real property, sought damages from the defendant executor of the estate of the property owner alleging that he […]

738 A.2d 662 STATE OF CONNECTICUT v. LANCE WARGO Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 53 Conn. App. 747 (AC 18126), is granted, limited to the following issues: “1. Whether the Appellate Court correctly determined that the admission of the medical examiner’s testimony regarding possible causes […]

STATE OF CONNECTICUT v. ANTHONY W. ROGERS 3 A.3d 194 (AC 31421)Appellate Court of Connecticut Robinson, Bear and Borden, Js. Syllabus Convicted, under multiple informations, of the crimes of murder, conspiracy to commit murder, attempt to commit assault in the first degree and carrying a pistol without a permit, the defendant appealed. The defendant’s conviction […]

525 A.2d 964 OREST T. DUBNO, COMMISSIONER OF REVENUE SERVICES v. EDWARD T. FALSEY, JR., ET AL., EXECUTORS (ESTATE OF EDWARD T. FALSEY) Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 10 Conn. App. 95, is denied. James O’Connor Shea, in support of the petition. Richard D. Nicholson, […]

510 A.2d 186 FILLIPPO LUCISANO v. CLEMENCIA LUCISANO (12145)Supreme Court of Connecticut PETERS, C.J., HEALEY, SHEA, DANNEHY and CALLAHAN, Js. The plaintiff appealed to this court from the denial of his motion to open the judgment dissolving his marriage to the defendant. Held that because the plaintiff failed to file his motion to open within […]

627 A.2d 471 CONCEPT ASSOCIATES, LTD. v. BOARD OF TAX REVIEW OF THE TOWN OF GUILFORD ET AL. (11736)Appellate Court of Connecticut DALY, FOTI and LANDAU, Js. The plaintiff appealed to the trial court from a decision by the defendant board of tax review of the town of Guilford upholding a tax assessment on certain […]

910 A.2d 217 JOHN DOE v. HARTFORD ROMAN CATHOLIC DIOCESAN CORPORATION ET AL Supreme Court of Connecticut The petition by the proposed intervenor Roger J. Frechette for certification for appeal from the Appellate Court, 96 Conn. App. 496 (AC 26949), is denied. Roger J. Frechette, pro se, in support of the petition. Lorinda S. Coon, […]

656 A.2d 671 STATE OF CONNECTICUT v. ANONYMOUS (15229)Supreme Court of Connecticut The town of Farmington’s petition for certification for appeal from the Appellate Court, 37 Conn. App. 62 (AC 13108), is granted, limited to the following issue: “In the circumstances of this case, was the automatic erasure of criminal records required by General Statutes […]

236 A.2d 90 STEPHEN GOMES ET AL. v. SEBASTIANO ZOCCO ET AL. Supreme Court of Connecticut ALCORN, HOUSE, THIM, RYAN and COVELLO, Js. The named plaintiff, a minor, sought damages pursuant to statute (22-357) for injuries received by him when, while he was walking in front of a building owned by the defendant S, he […]

600 A.2d 1 FAIRFIELD PLUMBING AND HEATING SUPPLY CORPORATION v. WILLIAM J. KOSA (14294)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, GLASS and COVELLO, Js. The plaintiff, which had sought, pursuant to statute (52-380a [c]), to foreclose a judgment lien it had recorded against the defendant’s interest in certain real property and which had obtained […]

610 A.2d 177 STATE OF CONNECTICUT v. MICHAEL J. MARSALA Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 27 Conn. App. 291, is granted, limited to the following issues: “1. Whether the Appellate Court correctly treated a motion for reargument as a motion for reconsideration, and in thereafter […]

816 A.2d 719 LESLIE A. HARLAN ET AL. v. NORWALK ANESTHESIOLOGY, P.C., ET AL. (AC 22039)Appellate Court of Connecticut Lavery, C.J., and Dranginis and Peters, Js. Syllabus The plaintiffs, L and S, sought damages for medical malpractice alleging that the defendant anesthesiologist’s improper treatment of L’s blood pressure during the delivery of her child by […]

103 A.2d 805 JAMES JACOBS, ADMINISTRATOR (ESTATE OF MARTIN MARCUS) v. RINGLING BROTHERS-BARNUM AND BAILEY COMBINED SHOWS, INC. Supreme Court of Connecticut INGLIS, C.J., BALDWIN, O’SULLIVAN, WYNNE and DALY, Js. A receiver’s fees should be fixed at an amount that will be reasonable compensation for the services rendered. What is reasonable is a question of […]

JASON ROBERT’S, INC. v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT, ET AL 15 A.3d 1145 (AC 31256)Appellate Court of Connecticut Gruendel, Lavine and Robinson, Js. Syllabus The plaintiff appealed to the trial court from the decision of the employment security board of review affirming the decision of the defendant administrator of the Unemployment Compensation Act (act) finding […]

404 A.2d 898 EIGHTH UTILITIES DISTRICT ET AL. v. TOWN OF MANCHESTER ET AL. Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and SIDOR, Js. The plaintiff utilities district sought a declaratory judgment to determine whether it, in response to an application by real property owners in the Buckland area of the defendant town […]

692 A.2d 870 STATE OF CONNECTICUT v. ERNEST WILLIAMSON (15877)Appellate Court of Connecticut O’Connell, Hennessy and Mottolese, Js. Argued March 21, 1997 Officially released April 22, 1997 Appeal from the Superior Court in the judicial district of Fairfield, geographical area number two, Comerford, J; Kavanewsky, J. Per Curiam. The judgment is affirmed.

696 A.2d 969 THE METROPOLITAN DISTRICT v. TOWN OF BURLINGTON (SC 15439)Supreme Court of Connecticut Berdon, Norcott, Katz, Palmer and McDonald, Js. Syllabus The plaintiff metropolitan district, a specially chartered municipal corporation that owns and maintains water supply land in the defendant town of Burlington, appealed to the trial court from a decision by the […]

974 A.2d 752 STATE OF CONNECTICUT v. RANDY VIRGO (AC 28877)Appellate Court of Connecticut Harper, Lavine and Beach, Js. Syllabus Convicted of the crimes of conspiracy to commit assault in the first degree and assault in the first degree as an accessory, the defendant appealed to this court. The defendant, who had been charged under […]

943 A.2d 501 STATE OF CONNECTICUT v. KEENAN CORLEY (AC 27647)Appellate Court of Connecticut Flynn, C. J., and Lavine and Beach, Js. Syllabus Convicted of the crimes of robbery in the first degree, assault in the first degree, conspiracy to commit robbery in the first degree and carrying a pistol without a permit in connection […]

707 A.2d 1296 KEVIN SELLERS ET AL. v. CHUN SI CHEN ET AL. (AC 17027)Appellate Court of Connecticut Lavery, Landau and Hennessy, Js. Submitted on briefs January 29, 1998 Officially released February 24, 1998 Plaintiffs’ appeal from the Superior Court in the judicial district of Fairfield, Housing Session, Cocco, J. Per Curiam. The judgment is […]

290 A.2d 354 CITY OF WEST HAVEN v. PETER C. DEAN ET AL. CITY OF WEST HAVEN v. HAROLD MONOLITH ASSN., INC., ET AL. Supreme Court of Connecticut The petition by the plaintiff for certification for appeal from the Appellate Division of the Circuit Court is denied. William F. Gallagher, assistant corporation counsel, in support […]

745 A.2d 800 STATE OF CONNECTICUT v. RITA DeCARO (SC 15891)Supreme Court of Connecticut Borden, Norcott, Katz, Palmer and McDonald, Js.[*] [*] The listing of justices reflects their seniority status on this court as of the date of oral argument. Syllabus Convicted of nine counts of the crime of forgery in the second degree and […]

917 A.2d 1001 TYRONE REID v. COMMISSIONER OF CORRECTION. No. (AC 27139).Appellate Court of Connecticut Schaller, Bishop and Lavine, Js. Argued November 30, 2006. Officially released March 13, 2007. Procedural History Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland and tried to the court, […]

503 A.2d 630 CARLYLE REAL ESTATE LIMITED PARTNERSHIP v. THREE D DEPARTMENTS, INC. (3544)Appellate Court of Connecticut HULL, SPALLONE and DALY, Js. Argued January 14, 1986 — Decision released February 4, 1986 Action to recover possession of certain leased premises, brought to the Superior Court in the judicial district of Hartford-New Britain, Housing Session at […]

533 A.2d 212 STATE OF CONNECTICUT v. KEVIN USRY (12799)Supreme Court of Connecticut PETERS, C.J., HEALEY, GLASS, COVELLO, and HULL, Js. Convicted of the crimes of capital felony, felony murder and murder in connection with a homicide committed during a sexual assault, the defendant appealed to this court claiming, inter alia, that the trial court […]

381 A.2d 529 THOMAS D. LEE v. ELINOR FRANCES LEE Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and SPEZIALE, Js. Argued October 7, 1977 Decision released November 8, 1977 Action for the dissolution of a marriage, brought to the Superior Court in Hartford County, where the defendant filed a cross complaint, and the […]

742 A.2d 434 JOSEPH GRIGERIK v. GARY SHARPE (AC 15099)Appellate Court of Connecticut Landau, Spear and Shea, Js. Syllabus The plaintiff sought damages from the defendants, an engineering firm and its owner, alleging negligence and breach of contract in the performance of site plan work on certain of the plaintiff’s real property. The defendants had […]

847 A.2d 1052 R AND R POOL AND PATIO, INC., ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF RIDGEFIELD (AC 24111)Appellate Court of Connecticut Schaller, McLachlan and Peters, Js. Syllabus The plaintiffs, who had obtained site plan approval to use certain real property they owned for the wholesale and retail sale of […]

806 A.2d 49 MARINA LUSSIER v. ROBERTA SPINNATO ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 69 Conn. App. 136 (AC 21372), is denied. SULLIVAN, C. J., and VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. Richard M. Franchi, in support […]

550 A.2d 1083 PHYLLIS McGLOIN ET AL. v. TOWN OF SOUTHINGTON Supreme Court of Connecticut The plaintiffs’ petition for certification for appeal from the Appellate Court, 15 Conn. App. 668, is denied. Herbert Watstein, in support of the petition. Decided October 4, 1988 Page 814

552 A.2d 448 STATE OF CONNECTICUT v. PHU DINH LE (6571)Appellate Court of Connecticut BORDEN, SPALLONE and FOTI, Js. Convicted of the crimes of unlawful restraint in the first degree and breach of the peace, the defendant appealed to this court. Held that the trial court erred in finding that specific intent is not an […]

580 A.2d 538 STATE OF CONNECTICUT v. MICHAEL FRANZESE (9479) (9484)Appellate Court of Connecticut SPALLONE, O’CONNELL, NORCOTT, FOTI and CRETELLA, Js. Argued September 18, 1990 Decision released September 18, 1990[*] Information, in the first case, charging the defendant with three counts of the crime of sexual assault in the first degree, two counts of the […]

804 A.2d 856 LEO BOMBALICKI v. NICHOLAS PASTORE ET AL. (AC 21719)Appellate Court of Connecticut Lavery, C.J., and Schaller and West, Js. Syllabus The plaintiff police officer sought an injunction requiring the defendants to promote him to the rank of lieutenant. He also sought damages, alleging that the defendant police chief had blacklisted him and […]

TUXIS OHR’S FUEL, INC. v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT, ET AL 16 A.3d 777 (AC 31464)Appellate Court of Connecticut DiPentima, C. J., and Bear and Peters, Js. Syllabus The plaintiff employer appealed to the trial court from the decision by the employment security board of review affirming the decision of the defendant administrator of the […]

677 A.2d 948 SHADHALI, INC. v. SIRVART K. HINTLIAN ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 41 Conn. App. 225 (AC 14360), is denied. Page 927 Richard P. Weinstein, in support of the petition. Timothy Sheehan, in opposition. Decided June 17, 1996

274 A.2d 883 RUTH STONER v. MELVIN STONER Supreme Court of Connecticut The motion by the defendant to reconsider the denial of the motion to review and for a hearing thereon in the appeal from the Superior Court in Hartford County is denied. Paul W. Orth, in support of the motion. Submitted February 25, 1971 […]

682 A.2d 1011 STATE OF CONNECTICUT v. ABARA ROSE Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 41 Conn. App. 701 (AC 13394), is denied. William A. Lichtenfels, in support of the petition. Christopher T. Godialis, deputy assistant state’s attorney, in opposition. Decided September 18, 1996

616 A.2d 1177 STATE OF CONNECTICUT v. LAWRENCE PERSICO (11104)Appellate Court of Connecticut FOTI, HEIMAN and FREEDMAN, Js. Argued December 1, 1992 Decision released December 29, 1992 Information charging the defendant with the crime of breach of the peace, brought to the Superior Court Page 782 in the judicial district of Waterbury, geographical area number […]

690 A.2d 412 TYLER’S COVE ASSOCIATION, INC. v. TOWN OF MIDDLEBURY ET AL. (16196)Appellate Court of Connecticut Landau, Schaller and Spear, Js. The plaintiff condominium association appealed to the trial court from a decision by the defendant board of tax review denying their claims for a reduction in their tax assessments. The trial court rendered […]

865 A.2d 1237 CLYDE MEIKLE v. COMMISSIONER OF CORRECTION. No. (AC 24590).Appellate Court of Connecticut. Foti, DiPentima and Cretella, Js. Argued December 7, 2004. Officially released February 15, 2005. Procedural History Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of New Haven and tried to the […]

87 A.2d 139 NORTHEASTERN GAS TRANSMISSION COMPANY v. JULIA M. COLLINS ET AL. Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and O’SULLIVAN, Js. The legislature itself may exercise the power of eminent domain or it may delegate that right to another. But, whether exercised by the one or the other, the use of […]

773 A.2d 952 MULLEN AND MAHON, INC. v. MOBILMED SUPPORT SERVICES, LLC, ET AL. (AC 19734)Appellate Court of Connecticut Landau, Pellegrino and Callahan, Js. Syllabus The defendants appealed and the plaintiff cross appealed to this court from the judgment of the trial court in favor of the plaintiff in a debt collection action sounding in […]

767 A.2d 732 STATEWIDE GRIEVANCE COMMITTEE v. NITOR EGBARIN (AC 19801)Appellate Court of Connecticut Lavery, C.J., and Schaller and Hennessy, Js. Syllabus The defendant attorney appealed to this court from the judgment of the trial court determining, on a presentment by the statewide grievance committee, that he was guilty of misconduct in connection with a […]

474 A.2d 104 AMICA MUTUAL INSURANCE COMPANY v. MICHAEL BARTON (2052)Appellate Court of Connecticut TESTO, DUPONT and BORDEN, Js. The plaintiff insurer sought reimbursement from its defendant insured for basic reparations benefits it paid to the defendant for economic loss arising out of a collision between the defendant’s automobile and a truck belonging to the […]

375 A.2d 1013 RAPHAELA D’AGOSTINO ET AL. v. JOSEPH V. AMARANTE, EXECUTOR (ESTATE OF ROCCO D’AGOSTINO) Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and BARBER, Js. Argued February 1, 1977 Decision released March 8, 1977 Appeal by the plaintiffs from a decree of the Probate Court for the district of Hamden admitting a […]

665 A.2d 610 STATE OF CONNECTICUT v. REGINALD ROGERS Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 38 Conn. App. 777 (AC 13388), is denied. Lawrence R. Pellett, special public defender, in support of the petition. Richard F. Jacobson, assistant state’s attorney, in opposition. Decided September 28, 1995 […]

77 A.2d 772 SHAHEEN ASSIF ET AL. v. THE ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT, ET AL. Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and O’SULLIVAN, Js. A lockout, as the term is used in the Unemployment Compensation Act, is a withholding of employment by an employer in an effort to obtain for himself more […]

702 A.2d 641 CUMBERLAND FARMS, INC. v. TOWN OF GROTON Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 46 Conn. App. 514 (AC 16735), is granted, limited to the following issue: “Did the Appellate Court properly conclude that the plaintiff’s claim for inverse condemnation was not ripe for […]

970 A.2d 768 STATE OF CONNECTICUT v. JASMINE BEREIS (AC 29420)Appellate Court of Connecticut Bishop, Robinson and Peters, Js. Syllabus Convicted of the crimes of evasion of responsibility in the operation of a motor vehicle (§ 14-224 [b]) and failure to appear in the second degree (§ 53a-173), the defendant appealed to this court. The […]

958 A.2d 159 CARMEN MUNIZ v. ALLIED COMMUNITY RESOURCES, INC., ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 108 Conn. App. 581 (AC 28252), is denied. Jack Senich, in support of the petition. Lawrence G. Widem, assistant attorney general, in opposition. Decided September 25, 2008 Page […]

600 A.2d 1360 TERRY BARTH v. LESLIE BARTH Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court is denied. Leslie Barth, pro se, in support of the petition. Decided January 16, 1992

815 A.2d 298 JOHN DASH v. COMMISSIONER OF CORRECTION (AC 22013)Appellate Court of Connecticut Foti, Dranginis and Flynn, Js. Submitted on briefs January 10 Officially released February 4, 2003 Petitioner’s appeal from the Superior Court in the judicial district of New Haven, Jones, J. Per Curiam. The appeal is dismissed.

81 A.2d 119 THE MAD RIVER COMPANY v. TOWN OF WOLCOTT SCOVILL MANUFACTURING COMPANY v. TOWN OF WOLCOTT Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and ALCORN, Js. While the title of an act may be considered in determining the legislative intent, it is of little importance as compared with the text. The […]

642 A.2d 724 JOSEPH WILSON v. WARDEN, STATE PRISON (12740)Appellate Court of Connecticut LAVERY, FREEDMAN and SPEAR, Js. The petitioner, who had been sentenced to three terms of imprisonment, two of which were concurrent and one consecutive, sought a writ of habeas corpus challenging the respondent warden’s calculation of his good time credits. He claimed […]

28 A.3d 338 STATE OF CONNECTICUT v. JEREMY KELLY. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 129 Conn. App. 109 (AC 30282), is granted, limited to the following issues: “Whether the Appellate Court properly held constitutional the warrantless seizure of the defendant on a public street because […]

689 A.2d 473 JUDITH STILES v. HARTFORD CASUALTY INSURANCE COMPANY Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 44 Conn. App. 1 (AC 14987), is denied. Page 910 Philip F. von Kuhn, in support of the petition. Thomas P. Griffen and William J. Sweeney, Jr., in opposition. Decided […]

590 A.2d 468 STATE OF CONNECTICUT v. JENNIFER CLARKE (9151)Appellate Court of Connecticut DUPONT, C.J., NORCOTT and FOTI, Js. Argued March 28, 1991 Decision released May 7, 1991 Substitute information charging the defendant with the crimes of criminal trespass in the first degree, criminal trespass in the second degree, interfering with an officer and conspiracy […]

144 A.2d 312 LILLIAN A. DOLAK v. JOHN L. SULLIVAN, TAX COMMISSIONER, ET AL. Supreme Court of Connecticut DALY, C. J., KING, MURPHY, MELLITZ and SHEA, Js. It is the right of possession or enjoyment of property, rather than the vesting in interest, which is the basis of the tax levy under the statute taxing […]

225 A.2d 198 GEORGE LACAVA AND SONS, INC. v. TOWN PLAN AND ZONING COMMISSION OF THE TOWN OF ROCKY HILL Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. The object of zoning is the regulation of property uses pursuant to a comprehensive plan so as to advance the public welfare. To […]

653 A.2d 829 STATE OF CONNECTICUT v. OTIS PIERCE COOK (12060)Appellate Court of Connecticut HEIMAN, SCHALLER and CRETELLA, Js. Convicted, on a conditional plea of nolo contendere, of operating a motor vehicle while his nonresident operator’s privileges were under suspension, the defendant appealed to this court claiming that the trial court improperly determined that he […]

730 A.2d 1184 TERRANCE DAVENPORT v. DANIEL J. QUINN ET AL. (AC 17648)Appellate Court of Connecticut Landau, Schaller and Dupont, Js. Syllabus The plaintiff, who had obtained a default judgment in an action against P Co. for injuries he sustained when he was assaulted by patrons of P Co.’s bar, sought to satisfy that judgment […]

234 A.2d 838 ANNE M. KOVALIK, ADMINISTRATRIX (ESTATE OF JOHN CAMPO), ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF NEW FAIRFIELD Supreme Court of Connecticut ALCORN, HOUSE, THIM, RYAN and COVELLO, Js. The chairman of the defendant commission refused to disqualify himself when the commission upgraded the minimum lot requirement for an […]

369 A.2d 253 ARLENE STANKIEWICZ v. WINFIELD HAWKES FILE NO. 188Appellate Session of the Superior Court The plaintiff sought to recover damages for the conversion of personal property which she had left behind when she was required temporarily to vacate her apartment to allow the defendant landlord to make necessary repairs. Since her removal from […]

665 A.2d 902 NEW MILFORD SAVINGS BANK v. JESSICA A. MELIEF ET AL. Supreme Court of Connecticut The defendants Jessica A. Melief and Andre Melief’s petition for certification for appeal from the Appellate Court, 38 Conn. App. 906 (AC 13613), is denied. Irwin J. Hausman and Gale K. Busemeyer, in support of the petition. Joseph […]

548 A.2d 443 STATE OF CONNECTICUT v. JAMES T. STONE Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 15 Conn. App. 819, is denied. Richard W. Gifford, in support of the petition. Leon F. Dalbec, Jr., deputy assistant state’s attorney, in opposition. Decided September 20, 1988

165 A.2d 598 JANET SECONDINO ET AL. v. NEW HAVEN GAS COMPANY ET AL. Supreme Court of Connecticut BALDWIN, C.J., KING, MURPHY, MELLITZ and SHEA, Js. The failure of a party to produce a witness whom it was within his power to produce, and who would naturally have been produced by him, permits an inference […]

501 A.2d 1195 STATE OF CONNECTICUT v. WILFREDO FERNANDEZ (10771)Supreme Court of Connecticut HEALEY, SHEA, DANNEHY, SANTANIELLO and CALLAHAN, Js. Convicted, following a jury trial, of the crimes of burglary in the third degree and of larceny in the second degree, the defendant appealed. Held: 1. Because the trial court deprived the defendant of his […]

382 A.2d 539 STATE OF CONNECTICUT v. RICHARD FLORENCE ET AL. Supreme Court of Connecticut The state’s motion for an extension of time for the filing of a petition for certification for appeal from the Appellate Session of the Superior Court is denied by the court. Paige J. Everin, assistant attorney general, in support of […]

629 A.2d 1116 COMMISSIONER OF ENVIRONMENTAL PROTECTION v. CONNECTICUT BUILDING WRECKING COMPANY, INC. COMMISSIONER OF ENVIRONMENTAL PROTECTION v. CONNECTICUT BUILDING WRECKING COMPANY, INC., ET AL. COMMISSIONER OF ENVIRONMENTAL PROTECTION v. GENO CAPOZZIELLO ET AL. (14435) (14436) (14437)Supreme Court of Connecticut PETERS, C.J., CALLAHAN, BORDEN, BERDON and NORCOTT, Js. The plaintiff commissioner of environmental protection sought, […]

701 A.2d 660 STATE OF CONNECTICUT v. PAUL SHARP Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 46 Conn. App. 269 (AC 15792), is denied. John S. Aissi, special public defender, in support of the petition. Ellen A. Jawitz, deputy assistant state’s attorney, in opposition. Decided September 30, […]

157 A.2d 914 FRANK KRUPA ET AL. v. FARMINGTON RIVER POWER COMPANY Supreme Court of Connecticut BALDWIN, C.J., KING, MURPHY, MELLITZ and SHEA, Js. The right to a jury trial may be waived. Waiver will not, however, be found without reasonably clear evidence of intent. Whether there has been a waiver is a question of […]

655 A.2d 274 WILLIAM H. HONAN v. MATHEW H. GREENE ET AL. (13295)Appellate Court of Connecticut LANDAU, HEIMAN and SPEAR, Js. The plaintiff sought a writ of mandamus to compel the defendant probate judge to allow his appeal from that court’s decision denying his application for the appointment of an involuntary conservator for his defendant […]