BISHOP , J. The defendants, Susan E. Searl and Randy A. Searl, doing business as Subway store number 34648, 1 appeal from the judgment of the trial court, effectively dismissing their motion to vacate an arbitration award for lack of subject matter jurisdiction and granting the application of the plaintiff, Doctor's Associates, Inc., to confirm that award. On appeal, the defendants claim that the court should have applied federal law, or alternatively New York law, instead of Connecticut...
KAHN , J. The plaintiffs, a group of twenty-four retirees from the Bloomfield Police Department, 1 appeal from the judgment of the trial court granting the motion for a judgment of dismissal filed by the defendant town of Bloomfield (town) 2 pursuant to Practice Book 15-8 for failure to make out a prima facie case. The plaintiffs claim that the court erred in so ruling because the evidence submitted set forth a prima facie case that the town breached the parties' collective...
MIHALAKOS , J. The plaintiff, the Commissioner of Social Services, appeals from the judgment rendered by the trial court affirming the order of the Family Support Magistrate (magistrate) dismissing the plaintiff's support petition for failure to provide a copy of the acknowledgment of paternity. The plaintiff claims that the trial court erred in affirming the order of the magistrate because the plaintiff was not required to provide a copy of the acknowledgment of paternity for the...
PER CURIAM . The plaintiff, Solomon Lamar, appeals from the summary judgment rendered in favor of the defendants, Francis Brevetti, Michael Guglioti, Vernon Riddick, Jr., Fernando Spagnolo, David Janetty (individual defendants) and the city of Waterbury (city). On appeal, the plaintiff contends that the court improperly rendered summary judgment with respect to (1) his negligence and recklessness claims against the individual defendants, (2) his negligent and intentional infliction of...
KELLER , J. The defendant, Issiah Killiebrew, appeals from the judgment of conviction, rendered after a jury trial, of one count of arson in the first degree in violation of General Statutes 53a-111 (a) (1). 1 The court further found the defendant guilty of violating his probation. 2 On appeal, the defendant claims that the trial court erred (1) by not canvassing him concerning his right to counsel and right to self-representation after he clearly and unequivocally invoked his right to...
DiPENTIMA , C. J. The defendant, Rashid A. Johnson, appeals from the judgment of conviction, rendered following a jury trial, of murder in violation of General Statutes 53a-54a (a), felony murder in violation of General Statutes 53a-54c, robbery in the first degree in violation of General Statutes 53a-134 (a) (2) and carrying a pistol without a permit in violation of General Statutes 29-35. 1 The defendant claims on appeal that the trial court erred in (1) admitting hearsay...
BEACH , J. The defendant, Kenneth Lee McCoy, appeals from the judgment of conviction, rendered after a jury trial, of murder in violation of General Statutes 53a-54a (a). The defendant claims that (1) the state engaged in prosecutorial misconduct, thereby depriving him of his due process right to a fair trial, and (2) the court erred in dismissing his motion for a new trial for lack of jurisdiction. We disagree and affirm the judgment of the trial court. The jury reasonably could have...
GRUENDEL , J. Following a jury trial, the defendant, Roberto Q., was found guilty of one count of sexual assault in the second degree in violation of General Statutes 53a-71 (a) (1), one count of sexual assault in the third degree in violation of General Statutes 53a-72a (a) (2), one count of sexual assault in the fourth degree in violation of General Statutes 53a-73a (a) (1) (B), and one count of risk of injury to a child in violation of General Statutes 53-21 (a) (2). The...
MULLINS , J. The defendant, Richard Quinn, 1 appeals from the judgment of the trial court dismissing his four count counterclaim against the plaintiff, Benedetto Izzo, doing business as New Haven Drywall. 2 On appeal, the defendant claims that the court erred in dismissing his counterclaim on the ground that he had failed to join an indispensable or necessary party. We agree, and, accordingly, we reverse the judgment of the trial court. The following undisputed facts and procedural...
PER CURIAM . The defendant, Alexander Barber, appeals from the judgment of the trial court finding him in violation of the terms and conditions of his probation, and sentencing him to seven years incarceration after revoking that probation. The defendant asks that we find plain error, vacate his sentence, and order the trial court to resentence him. Specifically, the defendant claims that the court found that he had violated the terms of his probation, in part, merely by being arrested, and...
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,...
