PER CURIAM . The self-represented defendant, Sergey Sekretaev, appeals from the judgment of strict foreclosure rendered in favor of the plaintiff, Seminole Realty, LLC. On appeal, the defendant challenges the trial court's determination that the plaintiff had standing to bring this action, notwithstanding his arguments to the contrary, and its rejection of his special defenses and two counts of his three count counterclaim. We affirm the judgment of the trial court. The plaintiff filed its...
DiPENTIMA , C.J. The defendant, Kenyon Joseph, appeals from the judgment of conviction, rendered after his conditional plea of nolo contendere, of assault of a correction officer in violation of General Statutes 53a-167c (a). On appeal, the defendant claims that the trial court improperly denied his motion to assert the common-law affirmative defense of necessity at trial. Because we conclude that this appeal does not meet the conditions necessary to bring an appeal following a...
DiPENTIMA , C.J. The plaintiff, Maria Diaz, appeals from the judgment rendered by the trial court in favor of the defendant, Manchester Memorial Hospital, on her premises liability claim. On appeal, the plaintiff claims that the court erroneously found that the defendant did not have constructive notice of an unsafe condition on its premises. 1 We affirm the judgment of the trial court. The memorandum of decision of the court sets forth the following relevant facts. On the evening of...
PER CURIAM . The plaintiff, Robert Chiulli, Jr., appeals from the trial court's judgment in favor of the defendants, Chris Chiulli and his business, Double "C" Construction Company, LLC. The plaintiff claims that (1) the facts do not support the trial court's judgment as to his breach of contract claim, and (2) the court erred in its application of the law in regard to his claims of conversion and statutory theft. We disagree. Our examination of the record on appeal and the arguments of the...
PER CURIAM . The plaintiffs, Michael Costello and Dominic Costello, as individuals and as coexecutors of the estate of Anna Josephine Costello (decedent), appeal from the judgment of the trial court rendered following the granting of the motion filed by the defendant, Yale-New Haven Health Services Corporation, to strike the second count of the substitute complaint. 1 On appeal, the plaintiffs claim that the court "erred in granting the defendant's motion to strike [the] plaintiffs' common-...
PRESCOTT , J. This appeal arises out of a medical malpractice action brought by the plaintiff, Luz Marina Gonzales, against the defendants, Robert Langdon and Shoreline Dermatology, P.C., after a neck and jowl "S" facelift procedure performed by Langdon allegedly left the plaintiff permanently injured. The plaintiff appeals from the judgment of the trial court dismissing her complaint against the defendants for failure to include a legally sufficient opinion letter authored by a similar...
KELLER , J. The respondent mother, N.A. (respondent), 1 appeals from the grant of an order of temporary custody, which vested custody of her minor daughter, J.R., with the Commissioner of Children and Families. On appeal, the respondent claims that (1) the court improperly shifted the burden of proof of underlying facts from the petitioner to the respondent; and (2) there was insufficient evidence to support the grant of an order of temporary custody. 2 We affirm the judgment. The...
ALVORD , J. The plaintiffs, Katherine Connors and Erik Connors, appeal from the judgment of the trial court granting the motion to dismiss filed by the defendant, Rolls-Royce North America, Inc. The court declined to exercise jurisdiction over the parties on the basis that the plaintiffs were seeking to recover under a contract containing a forum selection clause that vested exclusive jurisdiction in Florida courts. On appeal, the plaintiffs claim that the court improperly (1) enforced a...
GRUENDEL , J. The self-represented plaintiff, Nancy Burton, appeals from the judgment of the Superior Court dismissing, for lack of subject matter jurisdiction, her administrative appeal from a decision of the named defendant, the Connecticut Siting Council (council). The dispositive issue is whether the plaintiff had standing to pursue that appeal. We affirm the judgment of the Superior Court. 1 This case concerns the construction of an independent fuel storage facility (facility) for...
MULLINS , J. The defendant, Bryan Finkel, appeals from the judgment of the trial court denying his motion for a modification of alimony and child support. On appeal, the defendant claims that the court incorrectly determined that the dissolution court had used his earning capacity to fashion its support orders, and, on the basis of this error, the court then improperly determined that he failed to prove a substantial change in circumstances. We reverse the judgment of the trial court. The...
KELLER , J. Following the habeas court's judgment denying his amended petition for a writ of habeas corpus, the petitioner, Adrian Peeler, appeals following the denial of his petition for certification to appeal. The petitioner claims that the court abused its discretion by denying his petition for certification to appeal on the following grounds: (1) his trial counsel rendered ineffective assistance by failing to present testimony from a particular witness; (2) at his criminal trial, the...
LAVINE , J. This case comes before this court on a writ of error brought by the plaintiff in error, George E. Mendillo, attorney for the plaintiff, Julie M. Sowell. In his writ of error, Mendillo alleges that, during the course of a hearing on an emergency motion for protective order (motion for protective order), the trial court, Hon. Barbara J. Sheedy, judge trial referee, (1) improperly found that he had violated rule 4.2 of the Rules of Professional Conduct as there was no clear and...
BEACH , J. The defendant, Steven K. Stanley, appeals from the judgment of conviction of 100 counts of criminal violation of a protective order in violation of General Statutes 53a-223, 1 stalking in the first degree in violation of General Statutes 53a-181c, and threatening in the second degree in violation of General Statutes 53a-62. On appeal, he claims that (1) his conviction of violation of a protective order was based on insufficient evidence, (2) discovery violations...
BEACH , J. The plaintiffs, William Kumah and Keziah Kumah, appeal from the judgment of the trial court rendered following the denial of their motion to set aside the verdict in favor of the defendant town of Greenwich. 1 The plaintiffs claim on appeal that the trial court abused its discretion when it denied their motion to set aside the verdict because the jury's answers to the special interrogatories in the verdict form were inconsistent. We affirm the judgment of the trial court. The...
LAVINE , J. This case pits two important legal principles against one another: the right of property owners to notice prior to the taking of their property and the imperative of protecting the public from dangerous conditions posed by decrepit structures. The principal issue in this appeal is whether the defendant, the city of Hartford (city), violated the due process rights of the plaintiff, Dermoth H. Brown, when, without a predeprivation hearing, it demolished certain improvements to...
GRUENDEL , J. The sole issue in this appeal is whether the trial court properly denied the defendant's motion for attorney's fees pursuant to General Statutes 42-150bb. 1 Specifically, the defendant, Jan Marcus, claims that he was entitled to attorney's fees for his successful defense of two of the three counts alleged in the plaintiff's complaint. The plaintiff, Athena Holdings, LLC, argues in opposition that, because it prevailed on the breach of contract count, the trial court...
KELLER , J. The defendant, Laurence V. Parnoff, appeals from the judgment of conviction, rendered after a jury trial, of disorderly conduct in violation of General Statutes 53a-182 (a)(1). He claims that there was insufficient evidence to sustain the jury's verdict. We agree and, accordingly, reverse the judgment of conviction. 1 The following facts, as a jury reasonably could have found, and procedural history are relevant here. On July 11, 2011, Kyle Lavin, a summer intern at a water...
GRUENDEL , J. The defendant, Edward Victor Davis, appeals from the judgment of conviction, rendered after a jury trial, of one count of operating a motor vehicle with an elevated blood alcohol content in violation of General Statutes 14-227a (a)(2), one count of bribery of a witness in violation of General Statutes 53a-149 (a), one count of breach of the peace in the second degree in violation of General Statutes 53a-181 (a)(3) and one count of interfering with a police officer in...
BISHOP , J. In 2011, the named defendant, the Board of Zoning Appeals of the City of New Haven (board), granted an appeal for four variances and an application for a special exception, with conditions, as requested by the defendant applicant, P.T.R., LLC. 1 The plaintiffs, 347 Humphrey Street, LLC, Rosemarie Morgan, and Thomas Morgillo, 2 thereafter appealed from that decision to the Superior Court. The trial court sustained the appeal, 3 concluding, inter alia, that the administrative...
DiPENTIMA , C.J. At the nucleus of these consolidated and amended appeals is a monetary dispute between two brothers. In AC 35168, the defendant, Stephen C. Bombero, appeals from the judgment rendered in favor of the plaintiff, Ronald M. Bombero, as to the plaintiff's complaint, seeking the foreclosure of a note and the reformation of a mortgage release, and granting the plaintiff's motion for summary judgment on the defendant's counterclaim. 1 In AC 35822, the defendant appeals from...
