DALMASO v. DEPARTMENT OF MOTOR VEHICLES, 247 Conn. 273 (1998)

720 A.2d 885

JERRY R. DALMASO v. DEPARTMENT OF MOTOR VEHICLES

(SC 15911)Supreme Court of Connecticut

Borden, Berdon, Norcott, Palmer and Peters, Js.

Argued December 2, 1998, 1998

Officially released December 22, 1998

PROCEDURAL HISTORY
Appeal from the defendant’s suspension of the plaintiff’s license to operate a motor vehicle, brought to the Superior Court in the judicial district of Waterbury and tried to the court Maloney, J.; judgment dismissing the appeal, from which the plaintiff appealed to the Appellate Court, O’Connell, C.J., an Schaller and Shea, Js., which affirmed the trial court’s judgment, and the plaintiff, on the granting of certification, appealed to this court. Appeal dismissed.

Mark M. Wrenn, for the appellant (plaintiff).

Robert L. Marconi, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellee (defendant).

OPINION
PER CURIAM.

After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.[1]

The appeal is dismissed.

[1] We granted the plaintiff’s petition for certification limited to the following issue: “Under the circumstances of this case, did the Appellate Court properly conclude that the plaintiff refused to take the blood alcohol test within the meaning of General Statutes § 14-227b (f)(3)?” Dalmaso v. Dept. of Motor Vehicles, 244 Conn. 923, 923-24, 714 A.2d 9 (1998).

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