2009 Ct. Sup. 2220
No. FA 08-4030892Connecticut Superior Court Judicial District of New Haven at New Haven
January 21, 2009
MEMORANDUM OF DECISION
SWIENTON, J.
The parties’ marriage was dissolved by a Judgment of Divorce dated July 23, 2007, entered in Suffolk County Court, New York. A certified copy of the judgment was filed with this court on April 21, 2008, together with a certification signed by the plaintiff certifying, among other things, that the judgment is final, has not been modified, altered, amended, set aside or vacated; the enforcement of the judgment has not been stayed or suspended; and certifying the name of the defendant as well as his present address of 728 Quinnipiac Avenue, New Haven, Connecticut. A certification was also filed, signed by the plaintiff’s New York attorney, certifying the same information, however, certifying that the last known address of the defendant is 3119 Shaver Hollow Road, Andes, New York. On May 23, 2008, the plaintiff filed a motion for contempt regarding the terms and conditions of the divorce judgment, and requesting an order to show cause, which was scheduled for November 5, 2008.
The defendant filed a motion to stay enforcement of the judgment as well as a motion to dismiss. The court conducted a hearing on both motions.
On April 22, 2008, the plaintiff allegedly forwarded a notice by certified mail to the defendant at the address of 728 Quinnipiac Avenue, New Haven, Connecticut, that the judgment of divorce had been transferred to and duly filed with this court. There was no return of the “green card” signed by the defendant indicating receipt of the notice, and no other proof that the defendant was provided with any type of service. On July 7, 2008, a state marshal filed a statement that he “left an exhibit in the hands of the [defendant].” There was no indication provided of what the “exhibit” contained. The plaintiff also provided what appears to be a certified letter mailed to the defendant at the address of 1609 Chapel Street, New Haven, Connecticut, with a postmark of May 28, 2008, which letter was marked “unclaimed.”
CT Page 2221 The defendant is seeking to have the matter dismissed, arguing that the court lacks personal jurisdiction and subject matter jurisdiction, alleging that the plaintiff is attempting to enforce a judgment entered in the State of New York, against the defendant, who is a resident of New York, regarding property located in the States of Hawaii and Nevada. In addition, the defendant argues that the divorce judgment is still subject to appeal, and therefore, this matter must be stayed.
General Statutes § 46b-70, et seq., governs the enforcement of foreign matrimonial judgments. Section 46b-71(a) provides: “Any party to an action in which a foreign matrimonial judgment has been rendered, shall file, with a certified copy of the foreign matrimonial judgment, in the court in this state in which enforcement of such judgment is sought, a certification that such judgment is final, has not been modified, altered, amended, set aside or vacated and that the enforcement of such judgment has not been stayed or suspended, and such certificate shall set forth the full name and last known address of the other party to such judgment and the name and address of the court in the foreign state which rendered such judgment.” (Emphasis added.) “Within five days after filing of such judgment and certificate, the party filing such judgment shall notify the other party of the filing of such foreign matrimonial judgment by registered mail at his last known address or by personal service.” General Statutes § 46b-72. (Emphasis added.)
In this matter, the plaintiff filed two certifications: one signed by the plaintiff herself, indicating the “present address of the defendant is 728 Quinnipiac Avenue, New haven, CT; the second signed by her New York counsel showing a last known claimed address of the defendant as of the date of the judgment to be 3119 Shaver Hollow Road, Andes, New York.” The court was not provided with any documentation indicating that, in accordance with the statute, within five days of the filing of the foreign judgment, notification was sent to the defendant at either address by registered mail.
The court having considered the evidence presented at hearing and the relevant and applicable statutes and practice book sections dismisses the action.
CT Page 2222