PER CURIAM. The respondent mother appeals from the judgments of the trial court terminating her parental rights with respect to three of her children, Chevol G., Trinity G. and Lazarus G. 1 The respondent claims, inter alia, that the court improperly found that (1) the department of children and families (department) had made reasonable efforts to reunify the children with the respondent pursuant to General Statutes 17a-112 (j), 2 (2) the respondent had failed to achieve such degree of...
ROBINSON, J. The respondent mother appeals from the judgments of the trial court terminating her parental rights with respect to her minor children, Jacqueline and Rafael. On appeal, the respondent claims that the trial court improperly concluded that termination of her parental rights served the best interests of the children. 1 We affirm the judgments of the trial court. In its memorandum of decision, the court found the following facts. Jacqueline and Rafael were born in March, 1995, and...
FOTI, J. The defendant, Claudio C., appeals from the judgment of conviction, rendered after a jury trial, of one count of sexual assault in the third degree in violation of General Statutes 53a-72a (a)(1)(A) and two counts of risk of injury to a child in violation of General Statutes 53-21(a)(2). On appeal, the defendant claims that the trial court improperly (1) admitted into evidence an out-of-court statement of the victim, violating his rights secured under the confrontation clause of...
PER CURIAM. The defendant, Cristina A. Ross, appeals from the judgment of the trial court rendered in favor of the plaintiff, Keith E. Simpson Associates, Inc., in this breach of contract action that arose out of the defendant's refusal to pay for services rendered by the plaintiff. On appeal, the defendant claims that the trial court erred in (1) awarding contract damages in an amount not supported by the evidence and (2) failing to address the plaintiff's admitted breach of an express...
DUPONT, J. The petitioner, Jason Gaston, appeals following the habeas court's granting of his petition for certification to appeal from the judgment denying in part his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court improperly rejected his claim of actual innocence. More specifically, the petitioner argues that there was merit to his claim of actual innocence because the testimony of a potential witness, Jessie DaCosta, is newly discovered...
GRUENDEL, J. The defendant, Gilbert Nazarian, appeals from the judgment of conviction, rendered after a jury trial, of negligent homicide with a motor vehicle in violation of General Statutes (Rev. to 2005) 14-222a (2), evasion of responsibility in the operation of a motor vehicle in violation of General Statutes 14-224(a) and making a false statement in the second degree in violation of General Statutes 53a-157b (a). On appeal, the defendant claims that (1) the evidence adduced at trial...
BEAR, J. This appeal comes to us on a reservation of a legal issue pursuant to General Statutes 52-235 1 and Practice Book 73-1. 2 The stipulation of the parties presents one question for the advice of this court: "Whether an insured with two separate uninsured motorist insurance policies that cover the same vehicle for uninsured motorist benefits is barred from collecting the policy limits of both policies combined " We answer the reserved question in the negative. For purposes of...
BORDEN, J. The defendant union, AFSCME, Council 4, Local 391, appeals from the judgment of the trial court granting the application of the plaintiff, the state of Connecticut, to vacate an arbitration award. The defendant claims that the court improperly (1) vacated the arbitration award on the ground that it violated public policy and (2) considered a letter from the commissioner of correction (commissioner) in vacating the award. We affirm the judgment of the trial court. An arbitrator made...
PER CURIAM. The defendant, Oral H., appeals from the judgment of conviction, rendered following a jury trial, of sexual assault in the first degree in violation of General Statutes 53a-70 (a)(1) and twenty-four counts of sexual assault in the third degree in violation of General Statutes 53a-72a (a)(2). 2 The defendant claims that the court improperly (1) denied his motion to dismiss the sexual assault in the third degree counts because, at the time of his arrest, 53a-72a (a)(2) was...
GRUENDEL, J. The defendant, Diane D. Marcuccio, appeals from the judgment of the trial court imposing a constructive trust over certain assets of her business in favor of the plaintiff, Steven R. Trevorrow. On appeal, the defendant's sole claim is that the court improperly determined that she had been unjustly enriched by a "loan" from the plaintiff to her business. We affirm the judgment of the trial court. The following facts, as found by the court, and procedural history are relevant to...
PETERS, J. Under our common law, a power of attorney creates a formal contract of agency between the grantor and his attorney in fact. Long v. Schull, 184 Conn. 252 , 256, 439 A.2d 975 (1981). Under our statutory law, this agency relationship encompasses a variety of transactions that the grantor presumptively has authorized his attorney in fact to undertake on his behalf. General Statutes 1-42 et seq. The central issue in this case is whether, pursuant to these established legal...
LAVINE, J. To have standing to bring an appeal from the decision of an administrative agency, a person must be aggrieved by the decision. See General Statutes 4-183(a); Alvord Investment, LLC v. Zoning Board of Appeals, 282 Conn. 393 , 399, 920 A.2d 1000 (2007); Terese B. v. Commissioner of Children & Families, 68 Conn.App. 223 , 228, 789 A.2d 1114 (2002). The issue in this appeal is whether the plaintiff, Sharon Lee Albuquerque, was aggrieved by the decision of the defendant, the...
GRUENDEL, J. In this mortgage foreclosure action, the defendant, Victory Outreach Ministries, Inc., appeals from the judgment of foreclosure by sale rendered by the trial court setting a sale date for certain real property owned by the defendant and, thereafter, approving the sale on the motion of the committee of sale (committee). On appeal, the defendant claims that the court improperly (1) ordered the sale in light of evidence that the defendant had complied with an agreement (agreement)...
PER CURIAM. The defendant in this summary process action, James Barnett, 1 appeals from the trial court's judgment of possession in favor of the plaintiff, Michael Ursini. We affirm the judgment of the trial court. The following facts and procedural history are relevant to the defendant's appeal. The defendant owned a home located at 72 Nooks Hill Road in Cromwell. He was facing foreclosure by sale of the property, scheduled for June 28, 2008. To avoid foreclosure, he sold the property to...
BEACH, J. The defendant, Marcus Duffus, appeals from the judgment of conviction rendered following his conditional plea of nolo contendere 1 to possession of narcotics with intent to sell by a person who is not drug-dependent in violation of General Statutes 21a-278 (b). 2 The defendant claims that the trial court erred in denying his motion to suppress certain evidence seized from his vehicle because (1) the police did not have probable cause to justify a warrantless search of his...
ROBINSON, J. In this equitable action, the plaintiff, Friends of Animals, Inc., sought a declaration and injunction restraining the defendant, United Illuminating Company, from gassing, killing or capturing monk parakeets (parakeets) that were nesting on power lines and electrical equipment. The plaintiff appeals from the judgment rendered by the trial court when it granted the defendant's motion to dismiss for failure to make out a prima facie case. On appeal, the plaintiff claims that the...
BEACH, J. The defendant, George J. Zahringer III, appeals from the judgment of the trial court modifying the unallocated alimony and child support awarded to the plaintiff, Celia Zahringer, at the time of the dissolution of the marriage of the parties. The defendant claims that the court erred by (1) finding that payments from the plaintiff's father, Eugene Goldberg, were loans, (2) not taking these payments into account, regardless of whether or not they were loans, in fashioning its order...
SULLIVAN, J. The defendants, Mill Management Company of Greenwich, Inc., and Greenwich Chateau Condominium Association, Inc., appeal from the judgment rendered after a jury trial, in favor of the plaintiff, Catherine O. Duncan. The dispositive issue in this appeal is whether the trial court improperly admitted evidence of a subsequent remedial measure taken by the defendants after the plaintiff was injured on a stairway. 1 We agree with the defendants and, accordingly, reverse the judgment of...
GRUENDEL, J. In this most unusual of summary judgment cases, the defendants, the town of Fairfield (town), the board of education of the town of Fairfield (board) and certain employees thereof, 1 appeal from the judgment of the trial court denying their motions for a continuance of trial and summary judgment against the plaintiff, Siriwat Singhaviroj. The defendants claim that the court (1) improperly denied their motions for summary judgment without determining whether a genuine issue of...
HARPER, J. The defendant, Michael Jay, appeals from the judgment of conviction, rendered following a jury trial, of one count of evasion of responsibility in the operation of a motor vehicle in violation of General Statutes (Rev. to 2005) 14-224(b), one count of assault of public safety personnel in violation of General Statutes (Rev. to 2005) 53a-167c (a)(5) and two counts of interfering with an officer in violation of General Statutes (Rev. to 2005) 53a-167a. 1 The defendant claims...
