Category: Connecticut Appellate & Supreme Courts Opinions

785 A.2d 230 STATE OF CONNECTICUT v. DIANA LISEVICK Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 65 Conn. App. 493 (AC 19472), is denied. Moira L. Buckley, deputy assistant public defender, in support of the petition. Mitchell S. Brody, senior assistant state’s attorney, opposition. Decided October 25, […]

569 A.2d 1149 TOWN COUNCIL OF THE TOWN OF ROCKY HILL v. FREEDOM OF INFORMATION COMMISSION ET AL. (7822)Appellate Court of Connecticut BORDEN, FOTI and LAVERY, Js. The plaintiff Rocky Hill town council appealed to the trial court from a decision by the defendant freedom of information commission determining that the council had violated the […]

757 A.2d 501 TOWN OF GROTON v. UNITED STEELWORKERS OF AMERICA (SC 16164)Supreme Court of Connecticut McDonald, C.J., and Borden, Norcott, Katz, Palmer, Sullivan and Vertefeuille, Js. Syllabus The plaintiff town sought to vacate an arbitration award ordering it to reinstate the employment of W, a member of the defendant union, who had been discharged […]

960 A.2d 1056 STATE OF CONNECTICUT v. CRAIG WILSON. (AC 28554)Appellate Court of Connecticut DiPentima, Lavine and Dupont, Js. Syllabus Convicted of the crimes of sale of narcotics by a person who is not drug-dependent, possession of narcotics with intent to sell by a person who is not drug-dependent, sale of narcotics within 1500 feet […]

588 A.2d 127 STATE OF CONNECTICUT v. JUAN ORTIZ (13770)Supreme Court of Connecticut PETERS, C.J., SHEA, GLASS, COVELLO and SANTANIELLO, Js. Convicted of the crime of murder in connection with the stabbing death of his wife, the defendant appealed to this court challenging various aspects of the trial court’s instructions to the jury. At trial […]

598 A.2d 365 DAVID COPELAND v. WARDEN, STATE PRISON Supreme Court of Connecticut The petitioner David Copeland’s petition for certification for appeal from the Appellate Court, 26 Conn. App. 10, is granted, limited to the following issue: “After a defendant has been found guilty by reason of mental disease or defect, does the trial court […]

DONNA AROSE v. COMMISSIONER OF MOTOR VEHICLES 15 A.3d 670 (AC 32437)Appellate Court of Connecticut Bishop, Bear and Peters, Js. Argued March 9, 2011 Officially released April 5, 2011 Plaintiffs appeal from the Superior Court in the judicial district of New Britain, Cohn, J. PER CURIAM. The judgment is affirmed.

280 A.2d 874 STATE OF CONNECTICUT v. ROBERT J. LEMIEUX Supreme Court of Connecticut ALCORN, C.J., HOUSE, THIM, RYAN and SHAPIRO, Js. M testified that the defendant and two others obtained money from him, first by threatening to beat him and then boy actually beating and kicking him. Witnesses testified that they heard M Crying […]

797 A.2d 654 STATE OF CONNECTICUT v. ALLAN HALL (AC 22338)Appellate Court of Connecticut Foti, Flynn and Hennessy, Js. Argued March 28 Officially released April 16, 2002 Defendant’s appeal from the Superior Court in the judicial district of New Haven, Licari, J. Per Curiam. The judgment is affirmed.

802 A.2d 92 LAMONT TUCKER v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Lamont Tucker’s petition for certification for appeal from the Appellate Court, 69 Conn. App. 905 (AC 21725), is denied. Sebastian O. DeSantis, special public defender, in support of the petition. Lisa A. Riggione, senior assistant state’s attorney, in opposition. Decided […]

235 A.2d 664 BROADRIVER, INC. v. CITY OF STAMFORD ET AL. Supreme Court of Connecticut The motion by the defendants to dismiss the appeal from the denial by the Superior Court in Fairfield County at Stamford of the application for a temporary injunction is granted. Bernard Glazer, with whom was Robert M. Wechsler, for the […]

496 A.2d 539 GENNARINI CONSTRUCTION COMPANY, INC. v. MESSINA PAINTING DECORATING COMPANY (3609)Appellate Court of Connecticut DUPONT, C. J., BORDEN and SPALLONE, Js. The plaintiff general contractor appealed to this court from the judgment rendered by the trial court granting the defendant subcontractor’s motion to confirm an arbitration award which had been rendered in its […]

593 A.2d 132 IN RE ROBERT C. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 24 Conn. App. 813, is denied. Kent Drager, assistant public defender, in support of the petition. Decided May 17, 1991

332 A.2d 103 INSURANCE COMPANY OF NORTH AMERICA v. JOHN D. DRAGAT, ADMINISTRATOR D.B.N. (ESTATE OF RODERICK H. MINER) Supreme Court of Connecticut HOUSE, C.J., SHAPIRO, LOISELLE, MACDONALD and BOGDANSKI, Js. After M, R’s heir-at-law, was removed as administratrix of R’s estate, J, the administrator de bonis non, sought in the Circuit Court to recover […]

918 A.2d 312 DANIEL MORGAN v. COMMISSIONER OF CORRECTION. No. (AC 27860).Appellate Court of Connecticut DiPentima, Gruendel and Harper, Js. Submitted on briefs March 16, 2007. Officially released April 10, 2007. Petitioner’s appeal from the Superior Court in the judicial district of Tolland, White, J. Per Curiam. The appeal is dismissed.

535 A.2d 1316 IN THE MATTER OF L’AMBIANCE PLAZA Supreme Court of Connecticut The petition for certification by the defendants TPM Architects, Inc., TPM Engineers, Inc., and TPM International for appeal from the Appellate Court is dismissed. David A. Haught, in support of the petition. Decided December 23, 1987 Page 803

783 A.2d 1157 GENNARO TEVOLINI v. PAMELA J. TEVOLINI (AC 19861)Appellate Court of Connecticut Foti, Flynn and Healey, Js. Syllabus The plaintiff appealed to this court from the judgment of the trial court dissolving his marriage to the defendant and issuing certain financial orders. He claimed, inter alia, that the trial court improperly determined that […]

882 A.2d 703 STATE OF CONNECTICUT v. STEVEN MANNS. No. (AC 24643).Appellate Court of Connecticut DiPentima, Harper and McDonald, Js. Syllabus Convicted of the crime of criminal violation of a standing criminal restraining order and of violating his probation, the defendant appealed to this court. The defendant’s conviction stemmed from his conduct in allegedly calling […]

309 A.2d 693 STATE OF CONNECTICUT v. EDWARD YORCZYK Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Division of the Circuit Court is granted. Richard E. Gruskin, in support of the petition. Submitted September 5, 1973 Decided September 25, 1973 Page 805

976 A.2d 765 STATE OF CONNECTICUT v. CALVIN KING (AC 30419)Appellate Court of Connecticut Flynn, C. J., and Robinson and West, Js. Syllabus Convicted of the crimes of murder, conspiracy to commit murder and carrying a pistol or revolver without a permit, the defendant appealed. The defendant’s conviction stemmed from an incident in which the […]

770 A.2d 34 FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF SUMMIT NATIONAL BANK v. WINSTED LAND DEVELOPMENT COMPANY ET AL. (AC 20787)Appellate Court of Connecticut Foti, Spear and O’Connell, Js. Submitted on briefs March 2 Officially released March 27, 2001 Appeal by named defendant et al. from the Superior Court in the judicial district of Litchfield, […]

980 A.2d 911 140 MAIN STREET-DERBY, LLC v. CLARK DEVELOPMENT, LLC. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 116 Conn. App. 188 (AC 29910), is denied. Page 928 Matthew B. Woods, in support of the petition. Joseph A. Kubic, in opposition. Decided September 23, 2009

STATE OF CONNECTICUT v. DAVID M. GUZMAN-TORRES 4 A.3d 355 (AC 31006)Appellate Court of Connecticut Lavine, Alvord and Bear, Js. Argued September 20, 2010 Officially released October 12, 2010 Defendant’s appeal from the Superior Court in the judicial district of New London, geographical area number ten, Frechette, J. PER CURIAM. The judgment is affirmed. Page […]

925 A.2d 1172 STATE OF CONNECTICUT v. KEVIN M. BOYLE (AC 28157)Appellate Court of Connecticut Bishop, McLachlan and Lavine, Js. Syllabus The defendant, who had been convicted of the crime of operating a motor vehicle while under the influence of intoxicating liquor or drugs and was on probation for that crime, appealed to this court […]

942 A.2d 519 MICHAEL DAWSON v. COMMISSIONER OF CORRECTION. (AC 27528)Appellate Court of Connecticut Flynn, C. J., and Beach and Robinson, Js. Syllabus The petitioner, who, in connection with a number of criminal charges including violation of probation, had entered into a plea agreement with the state requiring him to appear for sentencing at 10 […]

453 A.2d 435 STATE OF CONNECTICUT v. JOHN McKENNA STATE OF CONNECTICUT v. JACK DiMARTINO (10556)Supreme Court of Connecticut SPEZIALE, C.J., HEALEY, PARSKEY, SHEA and GRILLO, Js. Argued October 13, 1982 Decision released December 14, 1982 Substitute information charging each defendant with twenty-seven counts of larceny in the first degree, two counts of larceny in […]

212 A.2d 588 MILDRED B. MADENFORD, EXECUTRIX (ESTATE OF STUART J. MADENFORD) v. THE INTERSTATE LUMBER AND MILL CORPORATION OF STAMFORD ET AL. Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, SHANNON and HOUSE, Js. An owner of a truck which is parked more than twelve inches from the curb is negligent as a matter […]

804 A.2d 872 JADWICA SOWINSKI v. LUDWIK SOWINSKI (AC 21997)Appellate Court of Connecticut Foti, Mihalakos and Bishop, 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 awards. Held that the trial court abused its discretion in admitting into evidence […]

810 A.2d 269 DONALD A. MITCHELL v. GUARDIAN SYSTEMS, INC. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 72 Conn. App. 158 (AC 21974), is denied. Donald A. Mitchell, pro se, in support of the petition. Decided October 23, 2002

673 A.2d 1177 ROBERTA A. DACEY v. COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES ET AL. (13703)Appellate Court of Connecticut Dupont, C.J., and Lavery and Heiman, Js. The defendant clerk of the borough of Naugatuck et al. appealed to this court from the judgment of the trial court sustaining the plaintiff’s appeal from a decision by […]

440 A.2d 254 MICHAEL FRANKOVITCH v. ROBERT BURTON, SR., ET AL. Supreme Court of Connecticut BOGDANSKI, C.J., PETERS, HEALEY, PARSKEY and ARMENTANO, Js. The plaintiff sought damages from, inter alios, J, the defendant tavern owner, for injuries he sustained in a fall outside J’s tavern. On J’s appeal to this court following the trial court’s […]

641 A.2d 153 IBSEN BROTHERS, INC. v. DAVID C. GOLDMAN ET AL. (12431)Appellate Court of Connecticut DUPONT, C.J., FOTI and HEIMAN, Js. Argued March 29, 1994 Decision released April 19, 1994 Action to recover damages for, inter alia, breach of a home improvement contract, brought to the Superior Court in the judicial district of New […]

295 A.2d 671 INVESTORS LAND AND MORTGAGE COMPANY v. MILFORD PLANNING AND ZONING BOARD Supreme Court of Connecticut The defendant’s motion to dismiss the plaintiff’s petition for certification for appeal from the Court of Common Pleas in New Haven County is granted. Stephen I. Traub, assistant city attorney, for the defendant. Benson A. Snaider and […]

626 A.2d 307 EMLEE EQUIPMENT LEASING CORPORATION v. WATERBURY TRANSMISSION, INC., ET AL. (11105)Appellate Court of Connecticut O’CONNELL, FOTI and LANDAU, Js. The plaintiff sought to recover for an alleged default in payment on an equipment lease executed by the plaintiff and the defendant W Co., and personally guaranteed by the defendant M, the president […]

297 A.2d 76 STATE OF CONNECTICUT v. ROBERTO DELGADO Supreme Court of Connecticut The defendant’s “Motion to Dismiss for Lack of Jurisdiction” in the appeal from the Superior Court in Hartford County is denied. The defendant’s “Plea in Abatement and/or Motion to Dismiss and/or Quash Indictment” from the Superior Court in Hartford County is denied. […]

973 A.2d 662 ERIC KLEIN ET AL. v. NORWALK HOSPITAL. Supreme Court of Connecticut The named plaintiff’s petition for certification for appeal from the Appellate Court, 113 Conn. App. 771 (AC 28646), is granted, limited to the following issue: Page 914 “Whether the Appellate Court properly affirmed the judgment on the ground of harmless error?” […]

33 A.2d 137 DAVID F. D. A. SMITH v. RICHARD I. USHER. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. One having the right of way at an intersection is bound to operate his car as would a reasonably prudent person having knowledge that he has the right of way. Where […]

657 A.2d 643 CARL PICKERING v. TOWN OF WINDSOR ET AL. (15250)Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 37 Conn. App. 901 (AC 12803), is granted, limited to the following issue: “Under the circumstances of this case, was the trial court correct in allowing into evidence two […]

733 A.2d 907 ELAINE F. MILBAUER v. ALAN J. MILBAUER (AC 18149)Appellate Court of Connecticut Foti, Landau and Dupont, Js. Syllabus The plaintiff appealed to this court from the judgment of the trial court dissolving her marriage to the defendant. Held: 1. The trial court did not abuse its discretion in modifying an order of […]

734 A.2d 564 CLOVIS JOHNSON v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Clovis Johnson’s petition for certification for appeal from the Appellate Court is denied. Clovis Johnson, pro se, in support of the petition. Decided April 14, 1999

782 A.2d 1253 WEBSTER TRUST ET AL. v. RUSSELL C. ROLY, SR., ET AL. Supreme Court of Connecticut The petition for certification of the defendants, Gerald S. Adinolfi and Ruth A. Adinolfi, for appeal from the Appellate Court, 64 Conn. App. 233 (AC 20291), is granted, limited to the following issue: “Did the Appellate Court […]

640 A.2d 1006 BARBARA THOMA v. PLANNING AND ZONING COMMISSION OF THE TOWN OF CANTERBURY (14830)Supreme Court of Connecticut PETERS, C.J., BORDEN, BERDON, KATZ and PALMER, Js. Argued March 29, 1994 Decision released April 26, 1994 Appeal from the decision by the named defendant granting a subdivision application filed by the defendant Theodore G. Dean […]

316 A.2d 418 STELLA HORVATH ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF TORRINGTON ET AL. Supreme Court of Connecticut HOUSE, C.J., RYAN, SHAPIRO, LOISELLE and MACDONALD, Js. Argued June 8, 1972 Decided June 8, 1972 Appeal from the granting of a special exception, brought to the Court of Common Pleas in […]

MORRIS SILVERSTEIN v. HONORABLE ELAINE N. CAMPOSEO. 5 A.3d 487Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 122 Conn. App. 338 (AC 30371), is denied. Morris Silverstein, pro se, in support of the petition. Decided September 29, 2010

524 A.2d 629 LOUIS R. PEPE ET AL. v. CITY OF NEW BRITAIN (12950)Supreme Court of Connecticut PETERS, C.J., HEALEY, SHEA, SANTANIELLO and KULAWIZ, Js. The plaintiffs, a law firm and one of the members of that firm, sought to recover the reasonable value of legal services rendered on behalf of the common council of […]

506 A.2d 162 KENNETH J. MILANO v. THOMAS B. SAYERS ET AL. WILLIAM J. DREW v. THOMAS B. SAYERS ET AL. (3700) (3701)Appellate Court of Connecticut HULL, BIELUCH and PICKETT, Js. The plaintiff in each case sought damages under the Dram Shop Act (30-102) from the defendant owner and the defendant permittee of a cafe […]

720 A.2d 526 THOMAS J. GILL v. NELSON DIORIO ET AL. (AC 17562)Appellate Court of Connecticut Landau, Spear and Freedman, Js. SYLLABUS By statute (§ 49-33), no mechanic’s lien may exceed the price that the owner of the property has agreed to pay, and the owner is entitled to credit for payments made in good […]

508 A.2d 831 SALVATORE J. PERRUCCIO v. WALLACE ARSENEAULT ET AL. (3126)Appellate Court of Connecticut DUPONT, C.J., BORDEN and BIELUCH, Js. The plaintiff, P, the president of a labor union, sought damages from the named defendant, A, a field representative of a competing union which was also joined as a defendant, for allegedly libelous statements […]

429 A.2d 919 STATE OF CONNECTICUT v. RUBIN RODRIGUEZ Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, PETERS and HEALEY, Js. Charged with the crime of murder and convicted of the crime of manslaughter in the first degree, the defendant appealed. Held: 1. The trial court did not err in denying the defendant’s motion to […]

701 A.2d 349 LAURENCE Z. COHEN v. AMERICAN SAW AND MANUFACTURING COMPANY ET AL. (AC 16617)Appellate Court of Connecticut Foti, Landau and Schaller, Js. Submitted on briefs September 26, 1997 Officially released October 21, 1997 Plaintiff’s appeal from the Superior Court in the judicial district of Hartford-New Britain at Hartford, L. Sullivan, J. Per Curiam. […]

JOHN A. O’DELL, ADMINISTRATOR (ESTATE OF PATRICK O’DELL v. KENNETH KOZEE ET AL 19 A.3d 672 (AC 31771)Appellate Court of Connecticut DiPentima, C. J., and Beach and Bear, Js. Syllabus The plaintiff administrator of the estate of 0 sought to recover damages from the defendants, the permittee and the corporate owner of a certain Page […]

124 A.2d 214 DICE J. FINCH ET AL. v. FRED MONTANARI ET AL., ZONING BOARD OF APPEALS OF THE TOWN OF RIDGEFIELD, ET AL. Supreme Court of Connecticut INGLIS, C.J., BALDWIN, O’SULLIVAN, WYNNE and DALY, Js. In towns such as Ridgefield which have adopted zoning under the general law, the power to determine the needs […]

612 A.2d 1189 STATE OF CONNECTICUT v. BILLY WALLER, JR. (14367)Supreme Court of Connecticut PETERS, C.J., CALLAHAN, GLASS, BORDEN and BERDON, Js. Convicted of the crimes of possession of narcotics with intent to sell by a person who is not drug-dependent and failure to appear in the first degree, the defendant appealed to the Appellate […]

842 A.2d 1124 COMMISSIONER OF LABOR v. C.J.M. SERVICES, INC., ET AL (SC 16880)Supreme Court of Connecticut Sullivan, C.J., and Borden, Katz, Palmer and Vertefeuille, Js. Argued December 2, 2003 Officially released March 23, 2004 Procedural History Action to recover damages for nonpayment of wages allegedly owed to certain employees of the defendant Big Bell […]

682 A.2d 1010 STATE OF CONNECTICUT v. JAMES D. LINLEY Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 41 Conn. App. 917 (AC 15190), is denied. Michael S. Hillis, in support of the petition. Page 912 Ronald G. Weller, assistant state’s attorney, in opposition. Decided September 18, 1996

588 A.2d 1080 STATE OF CONNECTICUT v. DARYL OBER (8884)Appellate Court of Connecticut NORCOTT, FOTI and CRETELLA, Js. Convicted of the crime of possession of a narcotic substance with intent to sell by a person who is not drug-dependent, the defendant appealed to this court. Held: 1. The defendants claim that his conviction was based […]

769 A.2d 698 STATE OF CONNECTICUT v. EMANUEL SMITH (SC 16336)Supreme Court of Connecticut McDonald, C.J., and Borden, Norcott, Katz and Sullivan, Js.[*] [*] The listing of justices reflects their seniority status on this court as of the date of oral argument. Syllabus The defendant appealed from the judgment of the trial court revoking his […]

STATE OF CONNECTICUT v. RODNEY HANKERSON. 10 A.3d 518Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 118 Conn. App. 380 (AC 30738), is denied. Brendon P. Levesque, special public defender, in support of the petition. Page 933 Melissa L. Streeto, assistant state’s attorney, in opposition. Decided October 19, […]

571 A.2d 107 HOLY TRINITY CHURCH OF GOD IN CHRIST ET AL. v. AETNA CASUALTY AND SURETY COMPANY ET AL. (13847)Supreme Court of Connecticut SHEA, CALLAHAN, GLASS, COVELLO and HULL, Js. The plaintiffs, a church and its pastor, sought a declaratory judgment to determine whether the defendant insurance companies had a duty to defend and […]

MARY BERZINS v. DAVID BERZINS 998 A.2d 1265 (AC 30946)Appellate Court of Connecticut Beach, Flynn and Schaller, Js. Syllabus In this postjudgment marital dissolution action, the substitute defendant, K, the administrator of the estate of the defendant B, whose marriage Page 675 to the plaintiff previously had been dissolved, appealed to this court from the […]

648 A.2d 166 STATE OF CONNECTICUT v. JOHN ROY Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 34 Conn. App. 751 (AC 12281), is granted, limited to the following issue: “Did the Appellate Court properly conclude that the defendant was not entitled to review of his challenge to […]

VINCENT METRO, LLC v. YAH REALTY, LLC, ET AL 1 A.3d 1026 (SC 18486)Supreme Court of Connecticut Rogers, C. J., and Norcott, Katz, Palmer, Vertefeuille, Zarella and McLachlan, Js.[*] [*] The listing of justices reflects their seniority status on this court as of the date of oral argument. Syllabus The plaintiff realty company brought an […]

LLOYD WRIGHT v. TEAMSTERS LOCAL 559. 1 A.3d 207 (AC 30803)Appellate Court of Connecticut Flynn, C. J., and Bishop and Alvord, Js.[*] [*] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus The plaintiff sought to recover damages from the defendant union for alleged employment […]

402 A.2d 763 IRVING STOLBERG v. J. EDWARD CALDWELL IRVING STOLBERG v. LAWRENCE J. DAVIDSON ET AL. Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and PETERS, Js. Under a constitutional or statutory ban against the simultaneous holding of two offices or positions, one who accepts a second such office or position impliedly resigns […]

LIGHTHOUSE LANDINGS, INC. v. CONNECTICUT LIGHT AND POWER COMPANY 15 A.3d 601 (SC 17976)Supreme Court of Connecticut Norcott, Katz, Palmer, Zarella and Schaller, Js.[*] [*] This case was argued prior to the implementation of the policy of this court to hear all cases en banc. Syllabus The plaintiff tenant, L Co., sought damages in a […]

673 A.2d 1182 STATE OF CONNECTICUT v. JAMES JETER (14688)Appellate Court of Connecticut Dupont, C. J., and Foti and Lavery, Js. Argued March 21, 1996 Officially released April 23, 1996 Per Curiam. The judgment is affirmed.

170 A.2d 130 THE CONNECTICUT BANK AND TRUST COMPANY, TRUSTEE v. KATHARINE R. LYMAN ET AL. Supreme Court of Connecticut KING, MURPHY, MELLITZ, ALCORN and BORDON, Js. Where a legal life estate is created, with remainder over, or a life tenant is constituted a trustee, the life tenant occupies a quasi-fiduciary or fiduciary relationship with […]

806 A.2d 1056 STATE OF CONNECTICUT v. JEFFREY PIERCE Supreme Court of Connecticut The petition by the state of Connecticut for certification for appeal from the Appellate Court, 69 Conn. App. 516 (AC 19692), is granted, limited to the following issues: “1. Did the Appellate Court properly invoke the `plain error’ doctrine in this case? […]

547 A.2d 111 JAMES W. TURNER v. WENDELL L. HOBSON ET AL. (6076)Appellate Court of Connecticut DUPONT, C.J., DALY and O’CONNELL, Js. The plaintiff sought specific performance of a contract for the sale of certain of the defendants’ real property. The trial court granted the defendants’ motion for summary judgment on the ground that the […]

214 A.2d 371 ALLEN HELFANT ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF WILTON Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, HOUSE and COTTER, Js. In passing on an application for approval of a location for a gasoline station, the zoning board of appeals acts as an agent of the state, […]

607 A.2d 383 LORETTA B. WATSON v. DAVID P. WATSON (14363)Supreme Court of Connecticut SHEA, CALLAHAN, GLASS, BORDEN and BERDON, JS. The plaintiff appealed to the Appellate Court from the judgment of a state trial referee dissolving her marriage to the defendant and issuing certain financial orders. The Appellate Court set aside the judgment solely […]

490 A.2d 1014 ARTHUR J. KUSHA v. WALDEMAR RESPONDOWSKI ET AL. (2616)Appellate Court of Connecticut DUPONT, C.P.J., HULL and SPALLONE, Js. In his action for damages against the defendants, the plaintiff filed eleven offers of judgment, ranging from $65,000 to $200,000, all of which were rejected. After the jury returned a $96,486.67 verdict for him, […]

493 A.2d 283 CITY OF NEW HAVEN ET AL. v. FREEDOM OF INFORMATION COMMISSION ET AL. (2206)Appellate Court of Connecticut DUPONT, C.P.J., HULL and BORDEN, Js. The plaintiff city of New Haven and the plaintiff office of the controller of that city appealed from the action of the trial court dismissing their appeal to it […]

728 A.2d 512 STEVEN C. WEYEL v. GREGORY M. CATANIA ET AL. (AC 17553)Appellate Court of Connecticut Schaller, Sullivan and Kulawiz, Js. Syllabus The plaintiff sought damages from the defendant police officers, C and T, alleging violation of his civil rights, false imprisonment, intentional infliction of emotional distress and negligence. The trial court rendered judgment […]

629 A.2d 1154 EDWARD FALBY v. COMMISSIONER OF CORRECTION (11647)Appellate Court of Connecticut FOTI, LAVERY and LANDAU, Js. The petitioner, who had pleaded guilty under the Alford doctrine to the crime of murder, sought a writ of habeas corpus claiming that he had been deprived of the effective assistance of counsel and that his plea […]

461 A.2d 988 CAROL C. JOHNSON v. HAROLD J. FULLER ET AL. (10790)Supreme Court of Connecticut PETERS, HEALEY, PARSKEY, SHEA and DALY, Js. The plaintiff landlord sought to recover from the defendant tenants unpaid rent and use and occupancy payments which he claimed were due him under a written lease for certain residential premises. The […]

755 A.2d 883 IN RE SHAREEF J. ET AL. Supreme Court of Connecticut The guardian ad litem’s petition for certification for appeal from the Appellate Court, 58 Conn. App. 901 (AC 19171), is denied. VERTEFEUILLE, J., did not participate in the consideration or decision of this petition. John Hutchinson Kelley, in support of the petition. […]

848 A.2d 485 STEPHEN PIERSA v. PHOENIX INSURANCE COMPANY ET AL. (AC 24188)Appellate Court of Connecticut Dranginis, McLachlan and Stoughton, Js. Syllabus The plaintiff police officer, who had been injured when a vehicle driven by an uninsured motorist collided with his police cruiser, sought uninsured motorist benefits from his employer, the defendant city of Hartford, […]

265 A.2d 83 STATE OF CONNECTICUT v. KAMAL MAHMOOD Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. Where no foundation has been laid by cross-examination of a witness who is under attack for bias or prejudice, the decision whether to admit impeaching statements made by him out of court to, or […]

882 A.2d 678 STATE OF CONNECTICUT v. ANGELO FABRICATORE Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 89 Conn. App. 729 (AC 23521), is granted, limited to the following issue: Page 903 “Did the Appellate Court properly conclude that the trial court’s improper instruction on the duty to […]

742 A.2d 387 STATE OF CONNECTICUT v. FELIX RIVERA (AC 17628)Appellate Court of Connecticut O’Connell, C.J., and Schaller and Dupont, Js. Syllabus Convicted of the crimes of possession of a narcotic substance, possession of a narcotic substance within 1500 feet of a public school and a public housing project, possession of a narcotic substance with […]

869 A.2d 1254 ACMAT CORPORATION v. GREATER NEW YORK MUTUAL INSURANCE COMPANY. No. (AC 25099).Appellate Court of Connecticut. Dranginis, Flynn and West, Js. Syllabus The plaintiff, A Co., which was named as a defendant in numerous actions by individuals alleging bodily injuries resulting from exposure to asbestos in the plaintiff’s workplaces, sought, inter alia, a […]

657 A.2d 730 STATE OF CONNECTICUT v. CLIFFORD M. PETTWAY (12855)Appellate Court of Connecticut FOTI, LANDAU and HEIMAN, Js. Argued April 24, 1995 Decision released May 16, 1995 Substitute information charging the defendant with the crimes of robbery in the first degree and threatening, brought to the Superior Court in the judicial district of Fairfield […]