548 A.2d 776

IN RE GRAND JURY INVESTIGATION CONCERNING THE BOROUGH OF NAUGATUCK

(6622)Appellate Court of Connecticut

DUPONT, C.J., BORDEN and SPALLONE, Js.

Submitted on briefs September 20, 1988

Decision released October 18, 1988

Petition by the Naugatuck board of police commissioners for disclosure of the transcripts of the grand jury investigating alleged municipal corruption in the borough of Naugatuck, brought to the Superior Court in the judicial district of Waterbury, where the court, Lavery, J., sua sponte dismissed the petition, and the petitioner appealed to this court. Error; further proceedings.

M. Leonard Caine III filed a brief for the appellant (petitioner).

James G. Clark and John M. Massameno filed a brief for the appellee (state).

PER CURIAM.

The sole question in this appeal is whether the statute in effect at the time an investigative grand jury was authorized governs a subsequent request for disclosure of the grand jury’s report, or whether the statute in effect when the report is issued governs such a request. Our Supreme Court has decided

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this question. The statute in effect when the grand jury was authorized governs. In re Grand Jury Investigation by Judge John M. Alexander, 207 Conn. 98, 107, 540 A.2d 49 (1988).

In this case, an investigative grand jury was authorized on December 20, 1984. On October 1, 1985, General Statutes (Rev. to 1985) 54-47 was repealed and replaced by Public Acts 1985, No. 85-611, codified as General Statutes 54-47a
through 54-47h. The grand jury’s report was issued on April 24, 1987. The petitioner, the board of police commissioners of the borough of Naugatuck, sought disclosure of the report pursuant to General Statutes (Rev. to 1985) 54-47. The trial court ruled that the new statutory procedure governed and dismissed the petition for disclosure. This was error.

There is error, the judgment is set aside and the case is remanded for further proceedings in accordance with law.

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