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   State Courts - Connecticut - January 18, 2005

  
Biafore v. Bozeman, FA030082030, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 18, 2005, Filed
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Overview: A father was not required to pay child support for a minor child since his SSI was excluded from gross income under Conn. Agencies Regs. § 46b-215a-1(11)(B)(ii). Moreover, 2003 Conn. Acts 130 (Reg. Sess.) precluded the court from setting an obligation based on earning capacity, but actual earnings could have been used.

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Bond v. Comm'r of Corr., (AC 24633), APPELLATE COURT OF CONNECTICUT, January 18, 2005, Officially Released
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Overview: Appeal of a decision to deny a certification to appeal a dismissal of a habeas petition was dismissed where defendant did not show a reasonable chance of success on the merits of his challenges to counsel's performance at trial.

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Cecarelli v. Bd. of Assessment Appeals, (SC 17234), SUPREME COURT OF CONNECTICUT, January 18, 2005, Officially Released
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Overview: Appellate court affirmed a reduced property value adopted by the trial court even though the owners' expert gave a valuation that was based on a date four months after an assessment board's value, as the difference in value would be de minimis.

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City of New Haven v. Bonner, (SC 17142), SUPREME COURT OF CONNECTICUT, January 18, 2005, Officially Released
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Overview: Plaintiff city was entitled to collection agency fees as part of delinquent taxes, without having to establish a relationship between the amount of that fee and the specific services the agency performed.

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Cuzzocreo v. Cuzzocreo, FA000180579S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 18, 2005, Decided , January 18, 2005, Filed
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Denardo v. Bergamo, (SC 17200), SUPREME COURT OF CONNECTICUT, January 18, 2005, Officially Released
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Overview: Termination of grandparents' visitation was affirmed because they failed to allege or prove their relationship with a child was similar to a parent-child relationship and denial of visitation would cause real, significant harm to the child.

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Gambardella v. Apple Health Care, Inc., (AC 24370), APPELLATE COURT OF CONNECTICUT, January 18, 2005, Officially Released
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Overview: Since the trial court made findings of fact, weighed the credibility of the evidence and testimony and did not, in all instances, take as true the evidence offered by the employee, its dismissal of her defamation claim was reversed.

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Goddard v. Goddard, FA950067243S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 18, 2005, Decided , January 18, 2005, Filed
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Overview: Court granted father's motion to withdraw his prior motion for the custody of a twin son because, in part, the father had obtained custody of the twin daughter after she became involved with juvenile authorities in a de facto modification. The modification was de facto since the mother, who previously had legal physical custody, had not objected.

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Lawrence v. Towne House Gardens Coop., Inc., CV030197425S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 18, 2005, Decided , January 18, 2005, Filed
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Overview: Plaintiff's motion for default against company for failure of company's manager to produce certain documents requested to be produced in notice of deposition was denied where notice of deposition was served on manager as that of non-party witness, and thus, manager's failure to comply or to seek a protective order could not be ascribed to company.

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Melendez v. Valley Metallurgical Processing Co., AC 24872, APPELLATE COURT OF CONNECTICUT, January 18, 2005, Officially Released
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Overview: Where the workers' compensation review board lacked the authority to act upon the claimant's "motion to reopen judgment," it vacated the granting of that motion and remanded the matter to dismiss the claimant's motion.

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