Category: Connecticut Appellate & Supreme Courts Opinions

939 A.2d 32 SUSHIL GUPTA v. CONNECTICUT MEDICAL EXAMINING BOARD ET AL. (AC 28226)Appellate Court of Connecticut McLachlan, Gruendel and Stoughton, Js. Argued January 7, 2008 Officially released February 5, 2008 Petitioner’s appeal from the Superior Court in the judicial district of New Britain, Levine, J. PER CURIAM. MEMORANDUM DECISIONS The judgment is affirmed. Page […]

672 A.2d 488 STATE OF CONNECTICUT v. OSCAR MARTINEZ DeJESUS (14921)Supreme Court of Connecticut Peters, C.J., and Callahan, Berdon, Norcott and Palmer, Js. Convicted by a three judge court of the crimes of murder and carrying a dangerous weapon in connection with an attack on his estranged girlfriend with a machete, the defendant appealed to […]

808 A.2d 707 BROCK R. MARLIN v. JENNIFER L. MARLIN. (AC 22624).Appellate Court of Connecticut. Lavery, C.J., and Dranginis and Bishop, Js. Submitted on briefs September 16, 2002. Officially released November 12, 2002. Procedural History Action for the dissolution of a marriage, and for other relief, brought to the Superior Court in the judicial district […]

333 A.2d 71 MARSHALL SONN ET AL. v. PLANNING COMMISSION OF THE CITY OF BRISTOL ET AL. Supreme Court of Connecticut The petition by the defendants Anthony P. Margonelli et al. for certification for appeal from the Court of Common Pleas in Hartford County is granted. Richard M. Corr, in support of the petition. Edward […]

717 A.2d 283 KEITH BRADOC GALLANT, ADMINISTRATOR (ESTATE OF THELMA S. CAVALLARO) v. JOAN CAVALLARO ET AL. (AC 16867)Appellate Court of Connecticut O’Connell, C.J., and Landau and Schaller, Js. SYLLABUS The named defendant, C, appealed to this court from the judgment of the trial court ordering the partition and sale of certain real property to […]

748 A.2d 368 ISIDRO RIVERA, JR. v. COMMISSIONER OF CORRECTION (AC 19062)Appellate Court of Connecticut Foti, Landau and Spear, Js. Argued February 14, 2000 Officially released April 18, 2000 Procedural History Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Hartford and tried to the court, […]

373 A.2d 813 ANTHONY CALANDRA v. ZONING COMMISSION OF THE CITY OF BRIDGEPORT Supreme Court of Connecticut The petition by the named defendant and the intervening defendants Robert E. Middlemass et al. for certification for appeal from the Court of Common Pleas in Fairfield County is granted. L. Scott Melville and J. Roger Shull, in […]

509 A.2d 28 VICTOR SAMPIETRO v. BOARD OF FIRE COMMISSIONERS THE TOWN OF WEST HAVEN ET AL. (12706)Supreme Court of Connecticut PETERS, C.J., SHEA, DANNEHY, SANTANIELLO and CALLAHAN, Js. The plaintiff firefighter, appointed to the position of captain in the Allingtown fire department by the defendant board and demoted from that rank because the voters […]

295 A.2d 672 GENNERO PIZZOLA ET AL. v. PLAINVILLE PLANNING AND ZONING COMMISSION ET AL. Supreme Court of Connecticut The plaintiffs’ motion to dismiss the defendant Zenga’s notice of petition for certification for appeal from the Court of Common Pleas in Hartford County is dismissed for the reason that, no petition for certification having been […]

63 A.2d 158 FRANK ALBRECHT v. MORRIS RUBINSTEIN Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The service of food in a restaurant for immediate consumption on the premises does not constitute a sale. The plaintiff entered the defendant’s restaurant and asked the defendant what he bad for a good sandwich […]

220 A.2d 29 MAUREEN BRIA ET AL. v. ST. JOSEPH’S HOSPITAL ET AL. Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, SHANNON and HOUSE, Js. The intention of the parties to a contract is determined from the language used, interpreted in the light of the situation of the parties and the surrounding circumstances. A promise […]

CHARLES D. GIANETTI v. UNITED HEALTHCARE ET AL. 912 A.2d 1093 No. (AC 26857).Appellate Court of Connecticut Flynn, C.J., and McLachlan and Gruendel, Js. Syllabus The plaintiff plastic surgeon sought to recover damages for, inter alia, breach of contract from the defendant C and her medical insurance carrier, Page 137 the defendant U Co., in […]

703 A.2d 1146 IN RE MICHAEL A.[*] (AC 16531)Appellate Court of Connecticut [*] In accordance with the spirit and intent of General Statutes §46b-142 (b) and Practice Book § 4166B.2, the names of the parties involved in this appeal are not disclosed. The records and papers of this case shall be open for inspection only […]

715 A.2d 72 GERRITY COMPANY, INC. v. PACE CONSTRUCTION, INC., ET AL. (AC 16632)Appellate Court of Connecticut Foti, Landau and Daly, Js. Submitted on briefs December 8, 1997 Officially released January 6, 1998 Appeal by the defendant St. Paul Mercury Insurance Company from the Superior Court in the judicial district of Fairfield Grogins, J. Per […]

592 A.2d 372 TOWN OF GREENWICH ET AL. v. DEPARTMENT OF PUBLIC UTILITY CONTROL ET AL. (14039)Supreme Court of Connecticut PETERS, C.J., SHEA, GLASS, COVELLO and BORDEN, Js. The plaintiffs appealed to the trial court from a decision by the defendant department of public utility control approving certain rate increases for the defendant water company, […]

710 A.2d 192 IRVING LASSITER v. JAMES MARSHALL ET AL. (AC 16740)Appellate Court of Connecticut O’Connell, C.J., and Lavery and Schaller, Js. Argued March 31, 1998 Officially released June 16, 1998 PROCEDURAL HISTORY Action to recover damages for the alleged breach of an employment contract, brought to the Superior Court in the judicial district of […]

118 A.2d 304 THE CONNECTICUT POWER COMPANY v. JOSEPH H. POWERS ET AL. Supreme Court of Connecticut BALDWIN, O’SULLIVAN, WYNNE, DALY and MELLITZ, Js. When the legislature gives a public utility company the power to condemn such property as may be necessary for the carrying out of its corporate purposes, the determination of what is […]

GARY W. KRAVETZ v. DONNA H. KRAVETZ 11 A.3d 1141 (AC 31177)Appellate Court of Connecticut Bishop, Beach and West, Js. Syllabus The defendant, whose marriage to the plaintiff had been dissolved, appealed to this court from the judgment of the trial court denying her motion Page 460 for contempt and granting the plaintiffs motions for […]

905 A.2d 1 OFFICE OF CONSUMER COUNSEL v. DEPARTMENT OF PUBLIC UTILITY CONTROL ET AL. (SC 17465)Supreme Court of Connecticut Sullivan, C. J., and Borden, Norcott, Katz and Zarella, Js.[*] [*] The listing of justices reflects their seniority status on this court at the time of oral argument. Syllabus The plaintiff office of consumer counsel […]

409 A.2d 149 STATE OF CONNECTICUT v. ROBERT MOYE Supreme Court of Connecticut The Supreme Court of the United States, on October 9, 1979, granted a motion of the petitioner for certiorari, vacated the judgment in State v. Moye, 177 Conn. 487, 418 A.2d 870, and remanded the case “for further consideration in light of […]

237 A.2d 371 CAROL C. LOWE v. MORTON E. LOWE Supreme Court of Connecticut The motion by the plaintiff for an order directing the trial court to make a finding in the appeal from the Superior Court in Fairfield County is granted limited to the rulings made at the hearing on May 13, 1966, on […]

796 A.2d 1185 PELAGIA KITMIRIDES ET AL. v. MIDDLESEX MUTUAL ASSURANCE COMPANY (SC 16615)Supreme Court of Connecticut Borden, Norcott, Katz, Palmer and Vertefeuille, Js. Argued April 19, 2002 Officially released May 21, 2002 Procedural History Action to recover underinsured motorist benefits allegedly due pursuant to an automobile insurance policy Page 337 issued by the defendant, […]

471 A.2d 655 PORTER HOAGLAND, JR. v. ZONING BOARD OF APPEALS OF THE NOANK FIRE DISTRICT (2069)Appellate Court of Connecticut DANNEHY, C.P.J., DUPONT and BORDEN, Js. The plaintiff, who operated a boat storage business on certain of his property located in the Noank fire district, appealed to the Superior Court from the decision of the […]

236 A.2d 92 JOSEPH B. WHEWELL ET AL. v. HOWARD S. IVES, HIGHWAY COMMISSIONER Supreme Court of Connecticut ALCORN, HOUSE, COTTER, RYAN and COVELLO, Js. The highway commissioner, by condemning a portion of a right of way, left landlocked 169.25 acres of the plaintiffs’ rear land, which was used for their residence and for a […]

830 A.2d 752 JOSEPH DUGAN ET AL. v. MOBILE MEDICAL TESTING SERVICES, INC., ET AL. (SC 16658)Supreme Court of Connecticut Sullivan, C.J., and Borden, Katz, Palmer and Zarella, Js. Syllabus The plaintiff, D, a domiciliary of Connecticut and a firefighter employed by the fire department of the city of Yonkers, New York, sought to recover […]

804 A.2d 781 STATE OF CONNECTICUT v. DORIAN DAVIS (SC 16649)Supreme Court of Connecticut Sullivan, C.J., and Norcott, Katz, Vertefeuille and Zarella, Js. Syllabus Convicted of the crimes of assault of a peace officer and interfering with a peace officer, the defendant appealed claiming, inter alia, that the trial court’s instructions to the jury concerning […]

609 A.2d 250 KATHARINE McHUGH v. THOMAS M. McHUGH (10609)Appellate Court of Connecticut DALY, LANDAU and FREEDMAN, Js. The plaintiff, whose marriage to the defendant had been dissolved, appealed to this court from the judgment of the trial court modifying the defendant’s child support obligation. Held that the trial court improperly deviated from the statutorily […]

542 A.2d 672 DONALD PET v. DEPARTMENT OF HEALTH SERVICES ET AL. (13163)Supreme Court of Connecticut PETERS, C.J., HEALEY, GLASS, COVELLO and HULL, Js. The plaintiff psychiatrist, who was the subject of a disciplinary action brought by the named defendant department of health services before the defendant state medical examining board, brought an action for […]

977 A.2d 694 STATE OF CONNECTICUT v. JOSEPH CARMEN J. CARBONE (AC 29480)Appellate Court of Connecticut Flynn, C. J., and Robinson and Alvord, Js. Syllabus Convicted of the crimes of criminal possession of a firearm, criminal possession of a pistol and possession of narcotics, the defendant appealed to this court. The defendant had been arrested […]

928 A.2d 537 PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY v. SCOTT ANDERSON ET AL. Supreme Court of Connecticut The plaintiffs petition for certification for appeal from the Appellate Court, 101 Conn. App. 438 (AC 27470), is denied. William J. Melley HI, in support of the petition. Daniel P. Scapellati, Joseph J. Andriola and Regen O’Malley, […]

148 A.2d 763 CHARLES FLYNN, ADMINISTRATOR (ESTATE OF WILFRED BURTON) v. BERNARD RACCUIA Supreme Court of Connecticut DALY, C.J., BALDWIN, KING, MURPHY and MELLITZ, Js. A plea of guilty to a specific offense under the motor vehicle laws may be an admission by the accused which can be received as evidence of negligence in a […]

588 A.2d 232 STATE OF CONNECTICUT v. MENACES TORRES (8707)Appellate Court of Connecticut O’CONNELL, FOTI AND LAVERY, Js. Convicted of the crimes of robbery in the first degree, assault in the first degree and failure to appear in the first degree, the defendant appealed to this court claiming, inter alia, that the trial court improperly […]

784 A.2d 1034 STATE OF CONNECTICUT v. RICHARD BRECKENRIDGE (AC 20501)Appellate Court of Connecticut Lavery, C.J., and Foti and Daly, Js. Syllabus The defendant, who had been convicted of the crime of attempt to commit assault in the first degree, appealed to this court from the judgment of Page 491 the trial court revoking his […]

659 A.2d 185 LEON COOPER v. BOARD OF TAX REVIEW OF THE TOWN OF FAIRFIELD Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 37 Conn. App. 914 (AC 13984), is denied. Leon Cooper, pro se, in support of the petition. Decided May 24, 1995 Page 1

688 A.2d 379 JOHN HERMAN SIMMECK v. ANN MARGARET SIMMECK (15769)Appellate Court of Connecticut O’Connell, Lavery and Schaller, Js. Submitted on briefs January 29, 1997 Officially released February 25, 1997 Appeal from the Superior Court in the judicial district of Middlesex, Hon Daniel F. Spallone, judge trial referee. Per Curiam. The judgment is affirmed. Page […]

785 A.2d 607 THE CHILDREN’S SCHOOL, INC. v. ZONING BOARD OF APPEALS OF THE CITY OF STAMFORD (AC 20469)Appellate Court of Connecticut Lavery, C.J., and Schaller and Hennessy, Js. Syllabus The plaintiff, a private school located in a residential zone, appealed to the trial court from the decision by the defendant zoning board of appeals […]

547 A.2d 1390 ROBERT R. VONICK v. CANDLEWOOD KNOLLS COMMUNITY, INC. (6130)Appellate Court of Connecticut BORDEN, DALY and STOUGHTON, Js. Submitted on briefs September 1, 1988 Decision released October 11, 1988 Action to recover for property damage resulting from surface water drainage from the defendant’s road, brought to the Superior Court in the judicial district […]

326 A.2d 126 ROSE ZACK, EXECUTRIX (ESTATE OF WILLIAM GUZAUSKAS), ET AL. v. KATHRYN GUZAUSKAS ET AL. Supreme Court of Connecticut The motion by the named defendant to dismiss the appeal from the Superior Court in Hartford County is denied. Bruce Mayor, for the appellee (named defendant). Robert L. Hirtle, for the appellants (plaintiffs). Argued […]

789 A.2d 979 CARLTON MARTIN v. WALTER FLANAGAN, STATE’S ATTORNEY (SC 16453)Supreme Court of Connecticut Norcott, Katz, Palmer, Vertefeuille and Zarella, Js. Syllabus The plaintiff sought a writ of error claiming that the trial court improperly rejected his assertion of his fifth amendment privilege not to testify and improperly held him in contempt for refusing […]

627 A.2d 1319 DONALD R. KENT, ADMINISTRATOR (ESTATE OF MELISSA KENT), ET AL. v. MIDDLESEX MUTUAL ASSURANCE COMPANY (14641)Supreme Court of Connecticut BORDEN, BERDON, NORCOTT, KATZ and PALMER, Js. The plaintiff insureds applied to vacate an arbitration award made in favor of the defendant insurer on their claim for underinsured motorist benefits under an automobile […]

809 A.2d 517 ROFIO GREENFIELD v. COMMISSIONER OF CORRECTION. (AC 22295).Appellate Court of Connecticut. Lavery, C.J., and Dranginis and Bishop, Js. Submitted on briefs September 16, 2002. Officially released November 19, 2002. Procedural History Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of New Haven and […]

435 A.2d 709 J. D. KASPER ASSOCIATES v. MERRIMAC ASSOCIATES, INC. FILE NO. 971Appellate Session of the Superior Court The plaintiff sought to recover sums allegedly due it for a survey it had performed under a contract it claimed it had with the defendant. The trial court, on concluding that no such contract existed, rendered […]

494 A.2d 904 CONNECTICUT BANK AND TRUST COMPANY v. PAMELA WILCOX ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 3 Conn. App. 510, is granted. David S. Grossman, in support of the petition. Mary E. Holzworth, in opposition. Decided May 29, 1985 Page 807

709 A.2d 2 ELIZABETH NOVICKI v. CITY OF NEW HAVEN (AC 16464)Appellate Court of Connecticut Foti, Dupont and Daly, Js. SYLLABUS The plaintiff sought, pursuant to the defective highway statute (§ 13a-149), to recover for injuries she sustained in a fall on a walkway that was allegedly under the control of the defendant city. The […]

767 A.2d 1232 JANET MASTROLILLO ET AL. v. CITY OF DANBURY ET AL. (AC 19879)Appellate Court of Connecticut Foti, Dranginis and Dupont, Js. Syllabus The plaintiff sought, pursuant to the defective highway statute (§ 13a-149), to recover from the defendant city for personal injuries she sustained in a fall on a city street. The trial […]

22 A.3d 530 STATE OF CONNECTICUT v. PETER TARASCO (SC 18310)Supreme Court of Connecticut Rogers, C. J., and Norcott, Palmer, Zarella, McLachlan, Eveleigh and Vertefeuille, Js. Syllabus Convicted of the crime of murder in connection with the shooting death of the victim, the defendant appealed to this court claiming that the trial court, in fashioning […]

763 A.2d 680 STATE OF CONNECTICUT v. JOHNNIE LOWE (AC 17642)Appellate Court of Connecticut Lavery, C.J., and Schaller and Hennessy, Js. Syllabus Convicted of the crimes of sale of cocaine and sale of cocaine within 1500 feet of a school, the defendant appealed to this court claiming, inter alia, that the trial court’s order sequestering […]

754 A.2d 800 STATE OF CONNECTICUT v. MICHAEL CRAMER Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 57 Conn. App. 452 (AC 18443), is denied. BORDEN and VERTEFEUILLE, Js., did not participate in the consideration or decision of this petition. Hubert J. Santos and Hope C. Seely, in […]

620 A.2d 829 BEVERLY PURIS v. MARTIN PURIS (10604)Appellate Court of Connecticut O’CONNELL, HEIMAN and SCHALLER, Js. The defendant appealed to this court from the judgment of the trial court dissolving his marriage to the plaintiff and making certain financial awards. The evidence considered by that court included the twenty-seven year length of the marriage, […]

683 A.2d 419 STATE OF CONNECTICUT v. ROY GUBITOSI, JR. (14690)Appellate Court of Connecticut Dupont, C. J., and Landau and Freedman, Js. Convicted, on a conditional plea of nolo contendere, of the crime of possession of a narcotic substance with intent to sell, the defendant appealed to this court challenging the trial court’s denial of […]

STATE OF CONNECTICUT v. MARCUS DUFFUS 12 A.3d 572Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 125 Conn. App. 17 (AC 30974), is denied. David R. Gronbach, in support of the petition. NORCOTT, J., did not participate in the consideration of or decision on this petition. Decided January […]

732 A.2d 777 STATE OF CONNECTICUT v. CLAYTON E. WHEAT Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 52 Conn. App. 115 (AC 18116), is denied. CALLAHAN, C. J., did not participate in the consideration or decision of this petition. Page 902 Alan F. Friedman, in support of […]

220 A.2d 163 EDWARD PIERCE ET AL. v. ZONING COMMISSION OF THE TOWN OF RIDGEFIELD ET AL. Supreme Court of Connecticut The motion by the defendants to dismiss the appeal from the Court of Common Pleas in Fairfield County is granted. Frederick M. Tobin, for the appellee (defendant Rich-Chrysler-Plymouth, Inc.). John E. Dowling, for the […]

749 A.2d 637 STATE OF CONNECTICUT v. DAVID BOYD (AC 18167)Appellate Court of Connecticut Lavery, Schaller and Hennessy, Js.[1] [1] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus Convicted of the crimes of robbery in the first degree, assault in the second degree, illegal […]

150 A.2d 602 ALEX KAPLAN v. MASHKIN FREIGHT LINES, INC., ET AL. Supreme Court of Connecticut DALY, C.J., BALDWIN, KING, MURPHY and MELLITZ, Js. Upon the direct examination of a medical expert, extracts from medical treatises which he states are recognized by his profession as authoritative and which have influenced or tend to confirm his […]

478 A.2d 1008 STATE OF CONNECTICUT v. LEAMOND SUGGS (12174)Supreme Court of Connecticut SPEZIALE, C.J., PETERS, HEALEY, PARSKEY and SHEA, Js. on appeal by the defendant from the judgment rendered on his plea of guilty to a charge of felony murder, held: 1. The trial court did not err in advising the defendant prior to […]

620 A.2d 1294 OAKHILL ASSOCIATES v. EDWARD A. D’AMATO, SR., ET AL. (11098)Appellate Court of Connecticut LAVERY, FREEDMAN and SCHALLER, Js. The plaintiff sought damages from the defendants alleging that they had breached a fiduciary duty by charging excessive and unreasonable amounts for certain site development work they had performed for the plaintiff. The trial […]

522 A.2d 795 STATE OF CONNECTICUT v. DARYL H. BUNKLEY (12597)Supreme Court of Connecticut PETERS, C.J., HEALEY, DANNEHY, CALLAHAN and CELOTTO, Js. Convicted of one count of the crime of engaging police in pursuit, three counts of the crime of manslaughter in the second degree and two counts of the crime of assault in the […]

525 A.2d 984 CLYDE HAGGERTY v. CHESTER PARNIEWSKI AL. ANTHONY BREDICE v. RONALD W. OWENS ET AL. (4598) (4599)Appellate Court of Connecticut DUPONT, C. J., HULL and DALY, Js. The plaintiffs, H and B, unsuccessful candidates for the position of police Captain in the town of Stratford, each sought injunctive relief and to void the […]

556 A.2d 613 LAURETTA SAUERWEIN v. JAMES BELL ET AL. (6027)Appellate Court of Connecticut BORDEN, DALY and O’CONNELL, Js. The defendants, C Co. and J, appealed from the judgment rendered on a jury verdict in favor of the plaintiff in her action for damages for personal injuries she sustained in a collision between her car […]

793 A.2d 1246 JO ANNE BAUER v. THOMAS J. VELTRE (AC 21502)Appellate Court of Connecticut Foti, Mihalakos and Peters, Js. Argued February 19 Officially released March 19, 2002 Plaintiff’s appeal from the Superior Court in the judicial district of Hartford, Gruendel, J. Per Curiam. The judgment is affirmed.

713 A.2d 917 STATE OF CONNECTICUT v. WAYNE SMITH (AC 17142)Appellate Court of Connecticut Lavery, Schaller and Sullivan, Js. Argued March 2, 1998 Officially released March 24, 1998 Defendant’s appeal from the Superior Court in the judicial district of Hartford-New Britain, geographical area number fifteen, Iannotti, J. PER CURIAM. See Michigan Dept. of State Police […]

62 A.2d 336 GEORGE A. FISHER v. HERMAN R. KALLENBACH ET AL. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. The plaintiff desired to vote for F for first selectman and for another person whose name appeared as a candidate for this office on the voting machine above that of F. […]

613 A.2d 1364 PROPERTY GROUP, INC. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF TOLLAND (10367)Appellate Court of Connecticut DUPONT, C.J., LAVERY and LANDAU, Js. The plaintiff appealed to the trial court from a decision by the defendant planning and zoning commission of the town of Tolland conditioning approval of the plaintiff’s proposed subdivision […]

455 A.2d 833 CANDIDO D’OCCHIO ET AL. v. CONN. REAL ESTATE COMMISSION (10436)Supreme Court of Connecticut SPEZIALE, C.J., PETERS, HEALEY, PARSKEY and GRILLO, Js. The plaintiffs D, G and P, who pursuant to a default judgment were awarded damages from a real estate salesman who allegedly, by means of fraud and misrepresentation, had appropriated substantial […]

797 A.2d 1101 STATE OF CONNECTICUT v. ROBERT DEJESUS (SC 16326)Supreme Court of Connecticut Sullivan, C.J., and Borden, Katz, Palmer and Zarella, Js. Syllabus Convicted of the crimes of murder and conspiracy to commit murder in connection with the shooting death of a certain individual, the defendant, Page 467 who had raised a claim of […]

270 A.2d 359 STATE OF CONNECTICUT v. JAMES L. KELSEY STATE OF CONNECTICUT v. MICHAEL D. SULLIVAN Supreme Court of Connecticut The motion by Donald B. Caldwell for permission to withdraw his appearance in behalf of the defendants in the appeals from the Superior Court in Tolland County is granted. Leo B. Flaherty, Jr., for […]

596 A.2d 939 CHARLES WINTHAL v. JOHN FABRIZI ET AL. (9393)Appellate Court of Connecticut O’CONNELL, FOTI and HEIMAN, Js. Argued April 25, 1991 Decision released September 19, 1991 Action for an injunction requiring the defendants to reinstate the plaintiff’s name on the eligibility list for the position of police officer, brought to the Superior Court […]

519 A.2d 99 ANNA D. LICHTEIG v. WILLIAM W. CHURINETZ ET AL. (4025)Appellate Court of Connecticut HULL, BORDEN and DALY, Js. The plaintiff sought to enjoin the defendants from continuing what the plaintiff claimed to be misuse of a nine foot right of way. From the judgment in favor of the plaintiff, the defendants appealed […]

708 A.2d 611 PEERLESS INSURANCE COMPANY ET AL. v. THOMAS J. TUCCIARONE ET AL. CNA INSURANCE COMPANY ET AL. v. THOMAS J. TUCCIARONE ET AL. NEW LONDON FEDERAL SAVINGS BANK ET AL. v. THOMAS J. TUCCIARONE ET AL. WALTER R. SOLOMONS ET AL. v. THOMAS J. TUCCIARONE ET AL. (AC 16261)Appellate Court of Connecticut Landau, […]

574 A.2d 221 TOWN OF PRESTON v. CONNECTICUT SITING COUNCIL ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 21 Conn. App. 85, is denied. Kathleen Eldergill, in support of the petition. Francis J. Brady, Mary Adamowicz, William Narwold, Karen L. Goldthwaite, Roger E. Koontz and Robert […]

357 A.2d 484 RUSCO INDUSTRIES, INC. v. HARTFORD HOUSING AUTHORITY ET AL. Supreme Court of Connecticut HOUSE, C.J., LOISELLE, MACDONALD, BOGDANSKI and LONGO, Js. A summary judgment under 303 of the rules of practice is permitted provided “that there is no genuine issue as to any material fact and that the moving party is entitled […]

103 A.2d 535 HERBERT JENNINGS ET AL. v. THE CONNECTICUT LIGHT AND POWER COMPANY ET AL. Supreme Court of Connecticut INGLIS, C.J., BALDWIN, O’SULLIVAN, QUINLAN and WYNNE, Js. In construing a statute, the court looks to its wording and to its basic policy as disclosed by prior legislation and the circumstances bringing about its enactment. […]

295 A.2d 568 WILBUR GREEN ET AL. v. EUGENE D. MASSEY Supreme Court of Connecticut HOUSE, C.J., THIM, RYAN, SHAPIRO, and LOISELLE, Js. Argued December 10, 1971 Decided December 10, 1971 Action to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in […]

757 A.2d 1136 COMPUTERWORKS, INC. v. BOARD OF EDUCATION OF THE TOWN OF LEDYARD ET AL. (AC 19466)Appellate Court of Connecticut Foti, Zarella and O’Connell, Js. Argued June 2, 2000 Officially released August 22, 2000 Procedural History Action to recover damages for the defendants’ allegedly improper failure to award the plaintiff a municipal contract for […]

97 A.2d 890 STATE OF CONNECTICUT v. ROBERT E. VAN ALLEN Supreme Court of Connecticut BROWN, C. J., BALDWIN, INGLIS, O’SULLIVAN and CORNELL, Js. Conviction of a crime prior to that for which the defendant is on trial may be shown by questions on cross-examination. Conviction of a prior crime offered in evidence to attack […]

640 A.2d 115 WILLIAM V. GABRIELLE v. HOSPITAL OF ST. RAPHAEL ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 33 Conn. App. 378 (AC 11346), is denied. Lawrence S. Dressler, in support of the petition. Jeremy G. Zimmerman and Merton G. Gollaher, in opposition. Decided March […]

734 A.2d 533 STATE OF CONNECTICUT v. ALBERT STEPHENS (SC 15705)Supreme Court of Connecticut Callahan, C.J., and Norcott, Katz, Palmer and McDonald, Js. Argued April 23, 1999 Officially released June 15, 1999 Procedural History Information charging the defendant with the crimes of murder and criminal use of a firearm, brought to the Superior Court in […]

802 A.2d 853 DEANNA BOYLES v. RICHARD PRESTON Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 68 Conn. App. 596 (AC 20353), is denied. SULLIVAN, C. J., and PALMER and ZARELLA, Js., did not participate in the consideration or decision of this petition. Richard Preston, pro se, in […]

670 A.2d 1322 DAVID BOURQUIN, ADMINISTRATOR (ESTATE OF GAYLE BOURQUIN) v. B. BRAUN MELSUNGEN ET AL. (13003)Appellate Court of Connecticut Dupont, C. J., and Spear and Shea, Js. The plaintiff administrator of the estate of his wife sought damages for her wrongful death which allegedly resulted from an operation performed at the defendant hospital using […]

438 A.2d 723 RICHARD CAIN v. FRANCIS T. MOORE, WARDEN, NEW HAVEN CORRECTIONAL CENTER Supreme Court of Connecticut COTTER, C.J., BOGDANSKI, PETERS, HEALEY and PARSKEY, Js. The trial court did not err in denying the plaintiff’s petition for a writ of habeas corpus. He had been arrested in this state pursuant to a second rendition […]

508 A.2d 31 MARIA D’ULISSE-CUPO v. BOARD OF DIRECTORS OF NOTRE DAME HIGH SCHOOL ET AL. Supreme Court of Connecticut The defendants’ petition for certification for appeal from the Appellate Court, 6 Conn. App. 153, is granted. Thomas E. Crosby, in support of the petition. Joseph D. Garrison, in opposition. Decided April 8, 1986

792 A.2d 908 HOWARD ODOM v. HELEN ODOM (AC 20989)Appellate Court of Connecticut Landau, Mihalakos and Dupont, Js. Submitted on briefs December 13, 2001 Officially released January 15, 2002 Defendant’s appeal from the Superior Court in the judicial district of Middlesex, Higgins, J. Per Curiam. The judgment is affirmed.

887 A.2d 917 STATE OF CONNECTICUT v. JUAN ROSADO. No. (AC 25162).Appellate Court of Connecticut Flynn, Bishop and McDonald, Js. Syllabus The defendant appealed to this court from the judgment of the trial court revoking his probation and sentencing him to five years of a previously suspended sentence on an underlying conviction of risk of […]

509 A.2d 517 IRVING H. PERLMUTTER v. CAROL C. JOHNSON Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 6 Conn. App. 292, is denied. Carol C. Johnson, pro se, in support of the petition. Decided May 15, 1986 Page 802