PER CURIAM.
This matter comes before us on a motion for vacatur by the defendant, Charlotte Hungerford Hospital (hospital). The plaintiff, the state of Connecticut, opposes the hospital's motion. We dismiss the case as moot, sua sponte, and vacate the judgments of the Appellate Court and the trial court.
The record reveals the following relevant facts and procedural history. The present case arises from a claim before the claims commissioner (commissioner) wherein the claimant, who is not a party in this action, sought damages from the state as the coadministrator of the estate of her deceased daughter, who had died while confined at the York correctional institution. In the course of the claimant's case, the commissioner issued subpoenas to the hospital requesting information about the decedent's treatment there, pursuant to General Statutes § 4-151(c).
We subsequently granted the hospital's petition for certification to appeal, limited to the following question: "Did the Appellate Court properly determine that the subpoena power conferred upon the [commissioner] by ... § 4-151(c) permits him to subpoena documents from a respondent
"When, during the pendency of an appeal, events have occurred that preclude an appellate court from granting any practical relief through its disposition of the merits, a case has become moot." (Internal quotation marks omitted.) Connecticut Coalition Against Millstone v. Rocque, 267 Conn. 116, 126, 836 A.2d 414 (2003). Because mootness implicates this court's subject matter jurisdiction, it may be raised at any time, including by this court sua sponte. See, e.g., Lyon v. Jones, 291 Conn. 384, 391, 968 A.2d 416 (2009); see also Practice Book § 66-8. Because both parties agree that this certified appeal is moot, we dismiss the appeal sua sponte.
We further agree with the hospital that the judgments of the Appellate Court and the trial court should be vacated, for two reasons. First, the hospital is not responsible for the mootness of its certified appeal. Second, the Appellate Court's unreviewable judgment may have preclusive effects against the hospital in subsequent litigation. Accordingly, we vacate both the Appellate Court and the trial court judgments in this case.
Although the equitable remedy of vacatur is rooted in our supervisory authority, we have generally followed the federal courts' approach in applying that doctrine. See, e.g., In re Jessica M., 250 Conn. 747, 749, 738 A.2d 1087 (1999). In United States v. Munsingwear, Inc., 340 U.S. 36, 40, 71 S.Ct. 104, 95 L.Ed. 36 (1950), the United States Supreme Court explained that vacatur of a mooted case "clears the path for future relitigation of the issues between the parties and eliminates a judgment, review of which was prevented through happenstance." Subsequently, that court limited the application of vacatur in settled cases, noting that "when mootness results from settlement ... the losing party has voluntarily forfeited his legal remedy by the ordinary processes of appeal or certiorari, thereby surrendering his claim to the equitable remedy of vacatur." U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 25, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994) (Bancorp). The court, however, reiterated its support for the use of vacatur when a case is mooted by the "vagaries of circumstance" or the "unilateral action of the party who prevailed below." Id. We previously have cited the court's analysis in Bancorp with approval. See, e.g., Private Healthcare Systems, Inc. v. Torres, 278 Conn. 291, 303, 898 A.2d 768 (2006); Commissioner of Motor Vehicles v. DeMilo & Co., 233 Conn. 254, 271, 659 A.2d 148 (1995).
In the present case, the state, which prevailed in the trial court and Appellate Court, caused this certified appeal to become moot by settling the claim of a third party that had been pending before the commissioner in a separate proceeding. In assessing responsibility for mooting an appeal, courts have been concerned with the manipulation of the judicial process in
In addition, the Appellate Court's unreviewable judgment could well have preclusive, as opposed to merely precedential, effect against the hospital in future litigation. We previously have recognized the importance of preclusion in determining whether to grant vacatur.
The appeal is dismissed and the judgments of the Appellate Court and the trial court are vacated.