Category: Connecticut Appellate & Supreme Courts Opinions

384 A.2d 326 STATE OF CONNECTICUT v. WALTER TROYNACK Supreme Court of Connecticut HOUSE, C.J., COTTER, BOGDANSKI, LONGO and SPEZIALE, Js. In considering whether an accused has been denied his constitutional right to a speedy trial, a court should, in a balancing test, consider at least four factors: the length of the delay, the reason […]

499 A.2d 57 CONNECTICUT SAVINGS BANK v. CENTRAL BUILDERS’ SUPPLY COMPANY, INC., ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 4 Conn. App. 332, is denied. James W. Shea, in support of the petition. Decided September 24, 1985

STATE OF CONNECTICUT v. TYEHIMBA A. ADEYEMI 988 A.2d 211 (AC 30739)Appellate Court of Connecticut Flyrin, C. J., and Gruendel and McDonald, Js.[*] [*] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus Convicted of the crimes of murder, felony murder, conspiracy to commit robbery […]

703 A.2d 1192 LITCHFIELD ASSET MANAGEMENT CORPORATION v. MARY ANN HOWELL ET AL. (AC 16980)Appellate Court of Connecticut Lavery, Landau and Hennessy, Js. Submitted on briefs November 13, 1997 Officially released December 2, 1997 Defendants’ appeal from the Superior Court in the judicial district of Fairfield, Stevens, J. Per Curiam. The judgment is affirmed.

400 A.2d 736 STATE OF CONNECTICUT v. ANONYMOUS Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Session of the Superior Court is granted by the court. Gerard A. Smyth, assistant public defender, in support of the petition. Irving L. Aronson, deputy assistant state’s attorney, in opposition. Submitted April 14, […]

673 A.2d 1183 LOIS VERTUCCI ET AL. v. DAVID LINDSAY ET AL. (14630)Appellate Court of Connecticut O’Connell, Lavery and Landau, Js. Submitted on briefs March 27, 1996 Officially released April 23, 1996 Per Curiam. This appeal is controlled by Sanzone v. Board of Police Commissioners, 219 Conn. 179, 592 A.2d 912 (1991), and Cook v. […]

715 A.2d 765 ESTERINA DICHELLO v. HOLGRATH CORPORATION ET AL. (AC 16386)Appellate Court of Connecticut O’Connell, C.J., and Dupont and Healey, Js. SYLLABUS The plaintiff appealed to this court from the decision by the compensation review board affirming the commissioner’s decision terminating the plaintiff’s award of temporary total disability benefits and ordering the plaintiff to […]

438 A.2d 30 STATE OF CONNECTICUT v. GUILLERMO AILLON Supreme Court of Connecticut COTTER, C.J., BOGDANSKI, PETERS, PARSKEY and A. ARMENTANO, Js. Where an accused requests or consents to a declaration of mistrial, reprosecution is barred only if the request or consent was provoked by prosecutorial or judicial overreaching designed to afford the state another, […]

286 A.2d 317 THE J M REALTY COMPANY v. BOARD OF ZONING APPEALS OF THE CITY OF NORWALK Supreme Court of Connecticut HOUSE, THIM, RYAN, SHAPIRO and LOISELLE, Js. The plaintiff applied for a building permit to construct a scrap-processing plant in a heavy industrial zone of Norwalk. The plant was to receive frames of […]

962 A.2d 794 STATE OF CONNECTICUT v. RANDY FLEMING Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 111 Conn. App. 337 (AC 27836), is denied. William B. Westcott, special public defender, in support of the petition. Ronald G. Weller, senior assistant state’s attorney, in opposition. Decided January 7, […]

935 A.2d 208 WILLIAM L. ANKERMAN v. COMMISSIONER OF CORRECTION. (AC 27688)Appellate Court of Connecticut Bishop, DiPentima and Freedman, Js. Argued September 17, 2007 Officially released December 4, 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, […]

606 A.2d 693 JOHN J. KELLEY v. WINIFRED BONNEY ET AL. (14244)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, GLASS and BORDEN, Js. The plaintiff, a former teacher in the Groton school system, sought to recover for defamation, intentional infliction of emotional distress and breach of contract in connection with allegations of improper conduct that […]

413 A.2d 834 JEANNE M. BOZZI v. FRANK S. BOZZI Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and PETERS, Js. When the plaintiff mother sought to have the defendant father found in contempt for failure to comply with a support order for their two children entered at the time of their divorce, the […]

799 A.2d 1121 STATE OF CONNECTICUT v. JOSEPH J. FARRICIELLI, STATE OF CONNECTICUT v. HAMDEN SALVAGE, INC., STATE OF CONNECTICUT v. HAMDEN SAND AND STONE, INC. STATE OF CONNECTICUT v. TIRE SALVAGE, INC. (AC 21759)Appellate Court of Connecticut Foti, Mihalakos and Dranginis, Js. Syllabus The defendants, who had been charged with criminal violations of several […]

754 A.2d 864 MAUREEN J. KHAN-LACOSS v. DAVID B. LACOSS (AC 19541)Appellate Court of Connecticut Schaller, Hennessy and Pellegrino, Js. Submitted on briefs May 11 Officially released June 6, 2000 Plaintiff’s appeal from the Superior Court in the judicial district of Hartford, Hon. Hadley W. Austin, judge trial referee. Per Curiam. The judgment is affirmed.

637 A.2d 1088 STATE OF CONNECTICUT v. BURNEST FREENEY (14537)Supreme Court of Connecticut PETERS, C.J., CALLAHAN, BORDEN, BERDON and LAVERY, Js. Convicted of two counts each of the crimes of kidnapping in the first degree, sexual assault in the first degree, and one count of the crime of assault in the third degree, the defendant […]

806 A.2d 1066 SYLBERT RAMSAY v. CAMRAC, INC., ET AL. Supreme Court of Connecticut The named defendant’s petition for certification for appeal from the Appellate Court, 71 Conn. App. 314 (AC 21982), is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. John H. Hanks, in support of the petition. […]

806 A.2d 1057 STATE OF CONNECTICUT v. PHILLIP TATE Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 70 Conn. App. 907 (AC 21292), is denied. Page 920 Carlos E. Candal, special public defender, in support of the petition. Richard F. Jacobson, special assistant state’s attorney, in opposition. Decided […]

667 A.2d 1295 DARNELL TATEM v. COMMISSIONER OF CORRECTION (14236)Appellate Court of Connecticut Foti, Landau and Spear, Js. The petitioner, who had pleaded guilty to escape in the first degree, sought a writ of habeas corpus claiming ineffective assistance of counsel. The habeas court dismissed the petition and thereafter refused to grant Page 814 certification […]

529 A.2d 1276 STATE MANAGEMENT ASSOCIATION OF CONNECTICUT, INC., ET AL. v. WILLIAM A. O’NEILL ET AL. (12978)Supreme Court of Connecticut HEALEY, SHEA, CALLAHAN, HURLEY and LEWIS, Js. The plaintiff employee association and four of its members sought, inter alia, a declaratory judgment determining the constitutionality of the statute (5-270) excluding managerial employees from the […]

717 A.2d 853 MICHAEL E. NAZARKO ET AL. v. ZONING COMMISSION OF THE TOWN OF EAST LYME ET AL. (AC 17165), (AC 17188)Appellate Court of Connecticut Landau, Sullivan and Daly, Js. SYLLABUS The plaintiff abutting property owners appealed to the trial court from a decision by the defendant zoning commission granting an application by the […]

559 A.2d 164 STATE OF CONNECTICUT v. CESAR SANTIAGO DELOSSANTOS (13230)Supreme Court of Connecticut PETERS, C.J., SHEA, GLASS, COVELLO and HULL, Js. Convicted of the crimes of possession of narcotics with intent to sell and possession of a weapon in a motor vehicle, the defendant appealed. He claimed, inter alia, that the trial court erred […]

141 A.2d 199 MARY T. S. STARKEL, ADMINISTRATRIX (ESTATE OF FRANK A. STARKEL), ET AL. v. THE EDWARD BALF COMPANY ET AL. Supreme Court of Connecticut BALDWIN, O’SULLIVAN, WYNNE, DALY and CONWAY, Js. An individual who, to attain a lawful objective, uses an intrinsically dangerous means in such a way as necessarily or obviously to […]

645 A.2d 1015 G. PATRICIA ELLIOTT v. ARTHUR L. ELLIOTT Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 34 Conn. App. 923 (AC 12497), is denied. Judith A. Busch, in support of the petition. Jayne Elser Welch and Edward G. Fitzpatrick, in opposition. Decided July 14, 1994 Page […]

674 A.2d 845 M. DeMATTEO CONSTRUCTION COMPANY v. CITY OF NEW LONDON (15150)Supreme Court of Connecticut Peters, C.J., and Borden, Norcott, Katz and Palmer, Js. The plaintiff appealed to the trial court from a decision by the defendant board of tax review of the city of New London refusing to reduce the city’s assessment on […]

525 A.2d 524 MERRILL LYNCH EQUITY, INC., ET AL. v. LEON E. COOPER ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court is denied. Leon E. Cooper and Mary P. Cooper, pro se, in support of the petition. John B. Nolan and Kirk D. Tavtigian, Jr., in […]

525 A.2d 112 TOWN OF EAST HARTFORD v. EAST HARTFORD MUNICIPAL EMPLOYEES UNION, INC., ET AL. TOWN OF EAST HARTFORD v. CIVIL SERVICE EMPLOYEES AFFILIATES, INC., ET AL. (4657) (4760)Appellate Court of Connecticut BORDEN, DALY and BIELUCH, Js. The plaintiff town of East Hartford, which had terminated the employment of its defendant employee, F, sought […]

309 A.2d 692 CHARLES H. McLAUGHLIN ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF NEWTOWN ET AL. Supreme Court of Connecticut The petition by the defendant William H. Johnson for certification for appeal from the Court of Common Pleas in Fairfield County is denied. C. Harold Schwartz, in support of the petition. […]

916 A.2d 54 STATE OF CONNECTICUT v. EDWARD PARKER. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 67 Conn. App. 351 (AC 21043), is denied. Sarah F. Summons, special public defender, in support of the petition. Margaret Gaffney Radionovas, senior assistant state’s attorney, in opposition. Decided January 30, […]

762 A.2d 907 CITY OF NEW HAVEN v. JACQUELINE BOYLES ET AL. Supreme Court of Connecticut The defendant Terence S. Hawkins’ petition for certification for appeal from the Appellate Court (AC 20092) is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. Terence S. Hawkins, in support of the petition. […]

808 A.2d 388 STATE OF CONNECTICUT v. MARQUIS JACKSON. STATE OF CONNECTICUT v. VERNON HORN. (AC 22377). (AC 22378).Appellate Court of Connecticut. Dranginis, Flynn and McDonald, Js. Syllabus Convicted in a joint trial of various offenses in connection with an armed robbery, the defendants, J and H, appealed to this court. J was convicted of […]

623 A.2d 517 FEDERAL DEPOSIT INSURANCE CORPORATION v. RETIREMENT MANAGEMENT GROUP, INC., ET AL. (10668)Appellate Court of Connecticut LANDAU, FREEDMAN and SCHALLER, Js. The plaintiff bank, C Co., sought to foreclose a mortgage on certain real property owned by the defendant R Co. After the defendants filed a disclosure of no defenses and consent to […]

29 A.2d 762 JOHN LEWANDOSKI v. MORRIS FINKEL. Supreme Court of Connecticut MALTBIE, C.J., JENNINGS, ELLS, DICKENSON and INGLIS, Js. While in one paragraph of the charge the court stated that the plaintiff could not recover “if he was guilty of negligence himself which contributed to his own injuries,” on three subsequent occasions it added […]

26 A.2d 471 THERESA S. COSGROVE, ADMINISTRATRIX (ESTATE OF WILLIAM J. COSGROVE) v. MORRIS SHUSTERMAN ET AL. Supreme Court of Connecticut MALTBIE, C.J., AVERY, BROWN, JENNINGS and ELLS, Js. The rule that the negligence of the plaintiff will not bar his recovery unless his harm results from a hazard because of which his conduct was […]

557 A.2d 571 STATE OF CONNECTICUT v. EDWARD DeMAYO (5813)Appellate Court of Connecticut DUPONT, C.J., O’CONNELL and FOTI, Js. Convicted of the crimes of risk of injury to child and sexual assault in the fourth degree, the defendant appealed to this court claiming, for the first time on appeal, certain violations of his constitutional rights. […]

789 A.2d 991 STATE OF CONNECTICUT v. FRED BENNETT Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 66 Conn. App. 901 (AC 20429), is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. Auden Grogins, special public defender, in support of the petition. […]

260 A.2d 614 SIDNEY COHEN v. HOLLOWAYS’, INC. Supreme Court of Connecticut The motion by the defendant that the time for filing its motion for reargument of the appeal from the Superior Court in Hartford County be extended to October 10, 1969, is granted. Herbert A. Krasow, in support of the motion. William Pease, in […]

368 A.2d 199 STATE OF CONNECTICUT v. MELVIN LONG Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and BARBER, Js. At the defendant’s trial for the illegal sale of heroin, the state offered evidence to prove that an undercover agent, acting on information from and in the company of an informant, met with the […]

796 A.2d 510 TOWN OF WESTPORT v. CONNECTICUT SITING COUNCIL ET. AL. CELLCO PARTNERSHIP v. ZONING BOARD OF APPEALS OF THE TOWN OF WESTPORT (SC 16600), (SC 16601)Supreme Court of Connecticut Borden, Norcott, Katz, Palmer and Zarella, Js. Argued March 13, 2002 Officially released May 21, 2002 Procedural History Appeal, in the first case, from […]

723 A.2d 815 THADDEUS TAYLOR v. RICHARD BROWN ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court (AC 18630) is denied. PALMER, J., did not participate in the consideration or decision of this petition. Thaddeus Taylor, pro se, in support of the petition. Page 960 Joel M. […]

947 A.2d 349 LUIS ANGEL LEBRON v. COMMISSIONER OF CORRECTION. (AC 28029)Appellate Court of Connecticut Flynn, C. J., and McLachlan and West, Js. Syllabus The petitioner, who unsuccessfully had sought certification to appeal from the denial of his amended first petition for habeas corpus and who, on the filing of a second petition for habeas […]

958 A.2d 156 MARY BERZINS v. DAVID BERZINS. Supreme Court of Connecticut The petition by Daniel King, administrator of the estate of David L. Berzins, for certification for appeal from the Appellate Court (AC 28041) is denied. Linda C. Lehmann, in support of the petition. Decided September 25, 2008

851 A.2d 290 JUDY SANDVIG ET AL. v. A. DUBREUIL AND SONS, INC., ET AL. No. (SC 16781).Supreme Court of Connecticut. Sullivan, C. J., and Norcott, Katz, Vertefeuille and Zarella, Js. Argued May 19. Officially released July 13, 2004. Procedural History Action to recover damages for, inter alia, personal injuries sustained by the named plaintiff […]

259 A.2d 628 STATE OF CONNECTICUT v. PATRICIA CARNEGIE Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, COTTER and THIM, Js. Under the applicable constitutional law at the time of the defendant’s trial for forgery and obtaining money by false pretenses, a pretrial identification of an accused was inadmissible in evidence if found to be […]

616 A.2d 798 THE UPJOHN COMPANY v. ZONING BOARD OF APPEALS OF THE TOWN OF NORTH HAVEN (14425)Supreme Court of Connecticut PETERS, C.J., CALLAHAN, BORDEN, BERDON and NORCOTT, Js. The plaintiff U Co., on the granting of certification, appealed from the judgment of the trial court dismissing its zoning appeal. Thereafter, that court, sua sponte, […]

939 A.2d 2 ADENILSON DEOLIVEIRA v. PMG LAND ASSOCIATES, L.P., ET AL. (AC 27483)Appellate Court of Connecticut Bishop, DiPentima and West, Js. Syllabus The plaintiff sought to recover damages from the defendants H Co. and N Co. for personal injuries he sustained when he fell from a second floor balcony while painting the exterior of […]

115 A.2d 678 THEODORE KNOLL v. CHARLES F. KELLEY, COMMISSIONER OF MOTOR VEHICLES Supreme Court of Connecticut BALDWIN, O’SULLIVAN, WYNNE, DALY and PHILLIPS, Js. Parking is the voluntary act of leaving a car on the highway when not in use. It connotes something more than a mere momentary stoppage on the road for a necessary […]

669 A.2d 1241 BARBARA MARTIN ET AL. v. TOWN OF PLAINVILLE ET AL. (13797)Appellate Court of Connecticut Dupont, C.J., and Lavery and Spear, Js. Argued October 26, 1995 Decision released January 23, 1996 Action to recover damages for personal injuries sustained by the named plaintiff in a fall on an allegedly defective sidewalk, brought to […]

615 A.2d 1066 VALDENOR DeALMEIDA v. M.C.M. STAMPING CORPORATION ET AL. (10977)Appellate Court of Connecticut LANDAU, HEIMAN and FREEDMAN, Js. The defendant employer and its defendant workers’ compensation carrier appealed to this court from the decision of the workers’ compensation review division affirming the commissioner’s finding and award of benefits to the plaintiff former employee. […]

304 A.2d 39 ANDERSON McPADDEN, INC. v. OTTO TUNUCCI ET AL. Supreme Court of Connecticut The motion by the plaintiff dated April 6, 1973, to dismiss the appeal from the Superior Court in Fairfield County is granted unless the defendants file a proper bond or recognizance on or before May 15, 1973. Ronald J. Habansky, […]

379 A.2d 376 SHIRLEY N. HART v. DAVID HART Supreme Court of Connecticut The defendant’s motion dated October 3, 1977, to dismiss the appeal from the Superior Court in New Haven County is denied by the court. The defendant’s motion dated October 12, 1977, to dismiss the appeal from the Superior Court in New Haven […]

590 A.2d 974 RALPH G. MURPHY v. STATE EMPLOYEES RETIREMENT COMMISSION (14121)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, COVELLO and F. X. HENNESSY, Js. Pursuant to statute (5-164a [c]), no person reentering state service shall receive a retirement income if his services are rendered for more than ninety days in any one calendar year. […]

RONALD J. VANCE ET AL. v. KENNETH P. TASSMER ET AL 16 A.3d 782 (AC 31754)Appellate Court of Connecticut Gruendel, Alvord and Pellegrino, Js. Syllabus The plaintiff sought to quiet title to certain real property allegedly acquired by adverse possession. The trial court granted the plaintiffs’ motion to enforce a settlement agreement of the parties […]

783 A.2d 1031 STATE OF CONNECTICUT v. JAMES R. SILVA, JAMES R. SILVA v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petition by James R. Silva for certification for appeal from the Appellate Court, 65 Conn. App. 234 (AC 20951/AC 20317), is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of […]

657 A.2d 646 HERBERT R. KUHN v. SAUL SADINSKY ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 37 Conn. App. 905 (AC 13458), is denied. Richard D. Haviland, in support of the petition. Decided May 1, 1995

206 A.2d 114 JENSEN’S, INC., ET AL. v. TOWN OF KILLINGWORTH ET AL. Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, COMLEY and SHANNON, Js. A 1947 amendment to the zoning statutes permitted towns of less than 5000 population either to have a five-member zoning commission composed of electors or to designate the selectmen to […]

531 A.2d 936 HOUSING SERVICES CORPORATION, INC. v. NICK MATHIS Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court is denied. Bessye W. Bennett, in support of the petition. Elliot J. Lane, in opposition. Decided September 23, 1987 Page 804

863 A.2d 700 ISIS A. BARTELS v. DONALD R. BARTELS. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 85 Conn. App. 772 (AC 24821), is denied. Page 910 Reuben S. Midler, in support of the petition. Richard L. Albrecht and Barbara M. Schellenberg, in opposition. Decided December 15, […]

620 A.2d 99 JOHN J. SCINTO v. R. DAVID STAMM ET AL. (14538)Supreme Court of Connecticut CALLAHAN, BORDEN, BERDON, SANTANIELLO and F. X. HENNESSY, Js. The plaintiff, who had received a failing grade on the state bar examination, sought a declaratory judgment to determine the constitutionality of the grading procedures used by the defendant bar […]

226 A.2d 514 CHARLES D. STOCKER ET AL. v. CITY OF WATERBURY ET AL. Supreme Court of Connecticut THIM, SPEZIALE, DOHERTY, SHEA and SIDOR, Js. It is incumbent upon the party seeking injunctive relief to allege facts showing irreparable damage and the lack of an adequate remedy at law. The latter is a remedy vested […]

710 A.2d 194 PAUL LUSH v. DENISE LUSH (AC 16893)Appellate Court of Connecticut Foti, Lavery and Spear, Js. Argued February 17, 1998 Officially released March 10, 1998 Plaintiff’s appeal from the Superior Court in the judicial district of New Haven, Alander, J.; Munro, J. PER CURIAM. The judgment is affirmed. Page 902

840 A.2d 1173 NATIONAL LOAN INVESTORS, L.P. v. WORLD PROPERTIES, LLC, ET AL Supreme Court of Connecticut ORDER The defendants’ petition for certification for appeal from the Appellate Court, 79 Conn. App. 725 (AC 23322), is denied. Jeffrey D. Cedarfield, in support of the petition. Frederic S. Ury, in opposition. Decided January 7, 2004

579 A.2d 1083 STATE OF CONNECTICUT v. ROY TYSON (8170)Appellate Court of Connecticut SPALLONE, FOTI and LAVERY, Js. Convicted of the crime of assault in the first degree, the defendant appealed to this court challenging, inter alia, the trial court’s failure to instruct the jury on his defense of justification. The defendant had allegedly attacked […]

CRAIG E. TUCKMAN v. KAREN R. TUCKMAN 14 A.3d 428 (AC 30913)Appellate Court of Connecticut Gruendel, Harper and Mihalakos, Js. Syllabus The defendant appealed to this court from the judgment of the trial court dissolving her marriage to the plaintiff and making certain financial orders regarding child support for the parties’ two minor children. Held […]

34 A.2d 636 THERESA E. FINOIA v. WINCHESTER REPEATING ARMS COMPANY. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The words of a statute are to be interpreted in their natural and usual meaning unless that would result in the defeat of a legislative intent which becomes evident when the statute […]

920 A.2d 340 MARIE CLAIRE FRANCE MARTIN v. FRANCIS WALTER MARTIN. No. (AC 27514).Appellate Court of Connecticut Flynn, C. J., and Schaller and Hennessy, Js. Syllabus The defendant appealed to this court from the judgment of the trial court dissolving his marriage to the plaintiff and making certain financial orders. Held: 1. The defendant could […]

135 A.2d 732 THE WOLFPIT-VILLA CREST ASSOCIATION, INC., ET AL. v. ZONING COMMISSION OF THE CITY OF NORWALK ET AL. Supreme Court of Connecticut WYNNE, C.J., BALDWIN, DALY, KING and MURPHY, Js. The defendant zoning commission amended the zoning regulations to allow apartment-house developments in B, C and D residence zones. Between the adoption and […]

16 A.2d 358 EDWARD KEITH BURLEY ET AL. v. WALTER N. MAGUIRE, EXECUTOR AND TRUSTEE, ET AL. Supreme Court of Connecticut MALTBIE, C. J., AVERY, BROWN, JENNINGS and ELLS, Js. The word “wish” is primarily precatory in its significance; but its use with such a meaning is not invariable and if, from the whole instrument, […]

665 A.2d 182 JOHN A. GRAHAM v. COMMISSIONER OF CORRECTION (14484)Appellate Court of Connecticut Foti, Lavery and Cretella, Js. Argued October 3, 1995 Decision released October 24, 1995 Petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland and Page 913 tried to the court, Sferrazza, J.; […]

920 A.2d 372 GEORGE M.[1] v. COMMISSIONER OF CORRECTION. No. (AC 26961).Appellate Court of Connecticut [1] In accordance with our policy of protecting the privacy interests of the victims of sexual abuse and the crime of risk of injury to a child, we decline to identify the defendant, the victims or others through whom the […]

244 A.2d 599 JOANN TERRAZZANO v. BERNICE SPORNA ET AL. Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. When, after a summary judgment in the plaintiff’s favor on the issue of liability for negligence, the case was tried to the jury on the issue of damages, the defendants disputed the plaintiff’s […]

598 A.2d 1105 NICHOLAS CONTI v. ALFRED SISTAKAUSKAS ALFRED SISTAKAUSKAS v. NICHOLAS CONTI (10119)Appellate Court of Connecticut NORCOTT, FOTI and DOYLE, Js. Argued November 6, 1991 Decision released November 26, 1991 Application, in the first case, to confirm an arbitration award, and application, in the second case, to vacate that award, brought to the Superior […]

651 A.2d 294 YANKEE REALTY CORPORATION v. NORTH HAVEN LANES, INC., ET AL. (12577)Appellate Court of Connecticut O’CONNELL, LAVERY and HEIMAN, Js. Argued November 29, 1994 Decision released December 20, 1994 Action to recover damages for, inter alia, the alleged breach of a real estate brokerage agreement, brought to the Superior Court in the judicial […]

405 A.2d 655 STATE OF CONNECTICUT v. THOMAS FLOWER Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and PETERS, Js. Argued October 4, 1978 Decision released October 31, 1978 Motion by the defendant to dismiss the state’s appeal from a judgment of not guilty by reason of insanity in the Superior Court in Hartford […]

841 A.2d 1190 JEROME T. DUNBAR v. COMMISSIONER OF MOTOR VEHICLES Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court (AC 24204) is denied. Jerome T. Dunbar, pro se, in support of the petition. Decided February 11, 2004 Page 1

761 A.2d 752 STATE OF CONNECTICUT v. CECIL LIPSCOMB Supreme Court of Connecticut The petition by the state of Connecticut for certification for appeal from the Appellate Court, 58 Conn. App. 267 (AC 19353), is granted, limited to the following issue: “Did the Appellate Court properly conclude that an investigative stop of the defendant’s motor […]

74 A.2d 477 LIBERO J. CUSANO v. JOHN T. DUNN, JR., ET AL., LIQUOR CONTROL COMMISSION Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and O’SULLIVAN, Js. A permit to sell intoxicating liquors is a purely personal privilege revocable at the discretion of the commission, does not constitute property, and is not transferable. It […]

695 A.2d 1010 WILLIAM MAZZIOTTI v. ALLSTATE INSURANCE COMPANY (15505)Supreme Court of Connecticut Borden, Berdon, Norcott, Katz and Palmer, Js. SYLLABUS The plaintiff, who had been injured in a motor vehicle accident and had obtained a judgment against the tortfeasor in a separate action, sought to recover underinsured motorist benefits allegedly due under an automobile […]

865 A.2d 470 MICHAEL GAUDINO ET AL. v. TOWN OF EAST HARTFORD. No. (AC 24660).Appellate Court of Connecticut. Lavery, C. J., and McLachlan and Peters, Js. Syllabus The plaintiffs, who were injured in a head-on collision allegedly caused by a high speed pursuit involving police from the defendant town, sought, pursuant to the municipal indemnification […]

41 A.2d 107 JOHN BUONANNO, ADMINISTRATOR (ESTATE OF ROSINA BUONANNO) v. EVELYN CAMERON ET AL Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. From the evidence, the jury might reasonably have found that the presence of the plaintiff’s intestate on the highway was not reasonably to have been anticipated by the […]

827 A.2d 671 STATE OF CONNECTICUT v. DANTE DELORETO (SC 16908)Supreme Court of Connecticut Sullivan, C.J., and Borden, Norcott, Katz and Vertefeuille, Js. Syllabus By statute (§ 53a-181 [a]), a person is guilty of breach of the peace when that person, “with intent to cause inconvenience, annoyance or alarm, Page 146 or recklessly creating a […]

779 A.2d 776 STATE OF CONNECTICUT v. KELWOOD WHITE (AC 19326)Appellate Court of Connecticut Lavery, C.J., and Dranginis and O’Connell, Js. Syllabus Convicted of the crimes of sale of narcotics by a person who is not drug-dependent and sale of narcotics within 1500 feet of a school or public housing project, the defendant appealed to […]

880 A.2d 865 WALTER J. LEWIS, JR. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF CLINTON ET AL. (SC 17006)Supreme Court of Connecticut Sullivan, C.J., and Norcott, Palmer, Zarella and Shortall, Js. Syllabus The plaintiff brought an action against the defendant inland wetlands and conservation commission, among others, under the statute (§ 22a-16) affording […]

772 A.2d 1152 STEPHEN J. LANDA v. DEPARTMENT OF MOTOR VEHICLES (AC 20685)Appellate Court of Connecticut Foti, Schaller and Flynn, Js. Submitted on briefs April 6 Officially released May 8, 2001 Plaintiff’s appeal from the Superior Court in the judicial district of New Britain, Cohn, J. Per Curiam. The judgment is affirmed.

818 A.2d 769 MARK GERRITY, EXECUTOR (ESTATE OF JUDITH S. GERRITY) v. R.J. REYNOLDS TOBACCO COMPANY ET AL. (SC 16545)Supreme Court of Connecticut Sullivan, C.J., and Borden, Norcott, Vertefeuille and Zarella, Js. Syllabus The plaintiff, the executor of the estate of his mother, sought to recover from the defendant tobacco companies damages relating to her […]