KELLER , J. The defendant, Timothy J. Quail, Sr., appeals from the judgment of conviction, rendered following a jury trial, of murder in violation of General Statutes 53a-54a, and larceny in the fifth degree in violation of General Statutes 53a-125a. The defendant claims that the court improperly denied his motion to suppress physical evidence, including the results of forensic testing performed on such physical evidence, that the police seized during a warrantless search of his sister'...
KELLER , J. The plaintiff in this breach of contract action, Tomey Realty Co., Inc., appeals from the judgment of the trial court granting summary judgment on the plaintiff's complaint in favor of the defendant, Bozzuto's, Inc. 1 On appeal, the plaintiff claims that the court erred in granting the defendant's motion for summary judgment because, in doing so, it ignored the operative language of the parties' integrated contractual agreement regarding the lease of commercial property and...
KELLER , J. The plaintiff, Kim Miller, appeals from the judgment of the Superior Court dismissing her appeal from the final decision of the defendant Department of Agriculture (department), 1 to uphold, pursuant to General Statutes 22-358, two disposal orders of an animal control officer of the town of Hamden to euthanize the plaintiff's two rottweiler dogs after they attacked the victim, Cynthia Reed. 2 The plaintiff argues that the court erred in dismissing her appeal because the...
AGATI , J. General Statutes 14-54(a) 1 requires automobile dealers who wish to obtain a license "for dealing in ... motor vehicles" first to obtain and present to the Commissioner of Motor Vehicles a certificate of approval from local officials in the municipality where the dealer wishes to operate. The defendant, the Commissioner of Motor Vehicles (commissioner), determined after an administrative hearing that the plaintiff, A Better Way Wholesale Autos, Inc., failed to comply with...
GRUENDEL , J. This appeal concerns the disintegration of a business relationship. The defendant, Gene Kasica, appeals from the judgment of the trial court in favor of the plaintiff Robert J. Majewicz 1 on all eight counts of the operative complaint. On appeal, the defendant challenges the propriety of the court's award of damages in numerous respects. Specifically, he claims that the court improperly awarded the plaintiff (1) one half of the value of System Pros, Inc. (corporation), as...
PELLEGRINO , J. The defendant, LHPB Realty, LLC, appeals from the judgment of the trial court declaring that a restrictive covenant in an agreement between the predecessors in interest of the defendant and the plaintiff, Axela New Britain Group, LLC, had expired. On appeal, the defendant claims that the court improperly interpreted the restrictive covenant in the agreement. We affirm the judgment of the trial court. The following undisputed facts are relevant to this appeal. The defendant...
SHELDON , J. The plaintiffs, William P. Ridgaway, Sr., for himself individually as the father of his deceased son, William P. Ridgaway, Jr. (decedent), and as administrator of his son's estate, and Rita Grant, for herself individually as the decedent's mother, appeal from the judgment of nonsuit rendered against them by the trial court based upon their counsel's failure to comply with the court's order that they file a copy of a confidential settlement agreement in a related lawsuit, which...
KELLER , J. Upon a grant of certification to appeal, the petitioner, Lawrence Franko, appeals from the judgment of the habeas court denying his third amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court's judgment should be reversed because that court erred by concluding that the petitioner's trial counsel, Attorneys Henry Becker and Thomas Moore, 1 did not render ineffective assistance on the basis of their decision not to seek a jury...
PRESCOTT , J. Ordinarily, an appeal in a zoning case must be commenced by an aggrieved party within fifteen days from the date the land use board publishes notice of its decision. General Statutes 8-8(b). In subsection (r) of 8-8, 1 however, the legislature extended the appeal period from fifteen days to one year in cases in which the board failed to comply with a statutory or regulatory notice requirement concerning a public hearing or an action of the board. Resolution of this...
SHELDON , J. The petitioner, Melvin Jones, appeals from the judgment of the trial court denying his petition for a new trial on charges of capital felony in violation of General Statutes (Rev. to 1989) 53a-54b (3) 1 and carrying a pistol without a permit in violation of General Statutes (Rev. to 1989) 29-35, 2 of which he was found guilty by a jury in connection with the shooting death of the victim, Wayne Curtis, as he sat in his vehicle on Howard Avenue in New Haven on October 17,...
DiPENTIMA , C.J. The defendant, Shiloh Polanco, appeals from the judgment of the trial court revoking his probation and imposing a thirty month prison sentence. On appeal, the defendant claims that he was denied his right to due process under the fourteenth amendment to the United States constitution 1 by the court's admission into evidence of a laboratory report when the author of that report was not present and available for cross-examination. We conclude that this claim was not...
LAVERY , J. The defendant appeals from the judgment of conviction, rendered after a trial before a three judge court (panel), of murder in violation of General Statutes 53a-54a (a) and tampering with evidence in violation of General Statutes 53a-155 (a). On appeal, the defendant claims that the panel improperly concluded that he had failed to prove his affirmative defense of extreme emotional disturbance by a fair preponderance of the evidence. Because the factual findings and verdict...
DiPENTIMA , C.J. In this appeal, the plaintiff, Dominick Lucenti, challenges the trial court's determination that his complaint for damages resulting from work-related injuries was barred by General Statutes 31-284(a), 1 the exclusivity provision of the Workers' Compensation Act (act), General Statutes 31-275 et seq. The plaintiff appeals from the summary judgment rendered in favor of the defendants, Greg Laviero and Martin Laviero Contractors, LLC (Laviero Contractors). 2 We affirm...
DiPENTIMA , C.J. The defendant, Blake Warner, appeals from the denial of his motion to withdraw his guilty pleas, made pursuant to Practice Book 39-27(4), 1 and his request for an evidentiary hearing. Specifically, the defendant claims that the court should have conducted an evidentiary hearing to determine if his counsel, Attorney Frank Riccio, Jr., provided ineffective assistance by failing to conduct an independent investigation as to whether a purported witness for the state would...
PRESCOTT , J. The plaintiff, Michael Rogan, appeals from the judgment of the trial court rendered, in part, in favor of the defendant, Sally Rungee, on her counterclaim for abuse of process, common-law vexatious litigation, and statutory vexatious litigation. On appeal, the plaintiff claims that the court improperly (1) awarded damages to the defendant for emotional distress for abuse of process, (2) awarded treble emotional distress damages, and (3) held that the plaintiff failed to prove...
GRUENDEL , J. The defendant, Javier R. Monge, appeals from the judgments of the trial court dismissing his postsentencing motion to vacate his guilty pleas and to open the judgments of conviction. The dispositive issue is whether the court properly concluded that it lacked jurisdiction to consider the merits of that motion. We answer that query in the affirmative and, accordingly, affirm the judgment of the trial court. The following facts are relevant to this appeal. The defendant, who...
PRESCOTT , J. The plaintiff, Jose A. Estela, appeals from the trial court's denial of his motion to open a judgment of nonsuit. For the reasons that follow, we dismiss the plaintiff's appeal as moot. The following facts, as found in the record, and procedural history are relevant to this appeal. On November 17, 2011, the plaintiff, who is a doctor of internal medicine, brought the underlying action against the defendant, Bristol Hospital, Inc., where he had medical staff privileges,...
PER CURIAM . After having reviewed the record and the parties' appellate briefs, and after having considered their oral arguments, we conclude that certification of this matter was improvidently granted. See Foxwood Master Condominium Assn., Inc. v. Planning & Zoning Board, 26 Conn.App. 912, 913, 598 A.2d 369 (1991) (per curiam) ("[o]ur review of the record and briefs, and the oral arguments presented convince us that the petition for certification was improvidently granted"); Wood v....
ALVORD , J. The defendant, Harry F. Weyher III, appeals from the trial court's ruling on his postjudgment motion to correct, modify or vacate an arbitration award that divided personal property in the marital estate between him and his former spouse, the plaintiff, Anda Weyher. On appeal, the self-represented defendant claims that the court (1) "erred ab initio in unilaterally ordering binding arbitration [with] respect [to] the division of [the parties'] personal property" in the July 12,...
DiPENTIMA , C.J. The petitioner, Julio Morquecho, appeals following the denial of his petition for certification to appeal from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court abused its discretion in denying his petition for certification to appeal, that the denial of his amended petition for a writ of habeas corpus was improper because his trial counsel provided ineffective assistance in failing to...
