Home/Connecticut Superior Court/Gothberg v. Caliendo, No. 422366 (Dec. 9, 1999)

Gothberg v. Caliendo, No. 422366 (Dec. 9, 1999)

1999 Conn. Super. Ct. 15898
CourtConnecticut Superior Court
DecidedDecember 9, 1999
DocketNo. 422366
StatusUnpublished

This text of 1999 Conn. Super. Ct. 15898 (Gothberg v. Caliendo, No. 422366 (Dec. 9, 1999)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gothberg v. Caliendo, No. 422366 (Dec. 9, 1999), 1999 Conn. Super. Ct. 15898 (Colo. Ct. App. 1999).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
Courts cannot be immersed in motions to reargue that set up claims or objections inexplicably never asserted in the first instance. The motion to intervene has been pending since mid-October without objection. In such circumstances, General Statutes § 31-293 does not require the proposed intervenor to file a supporting affidavit. Cf. Hallenbeck v. St. Mark theEvangelist Corp. , 29 Conn. App. 618, 616 A.2d 1170 (1992). Moreover, the plaintiff has failed to cite any authority that notice to the State of the pendency of an action pursuant to General Statutes § 31-293 is properly served on the Secretary of State, rather than the Attorney General.

The plaintiff may assert its claim of untimeliness by a motion to dismiss. See Police Department v. Giordano,3 Conn. App. 450, 488 A.2d 1293 (1985). The motion to reargue is denied.

BY THE COURT

Bruce L. LevinJudge of the Superior Court

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Related

Police Department v. Giordano
488 A.2d 1293 (Connecticut Appellate Court, 1985)
Hallenbeck v. St. Mark Evangelist Corp.
616 A.2d 1170 (Connecticut Appellate Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
1999 Conn. Super. Ct. 15898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gothberg-v-caliendo-no-422366-dec-9-1999-connsuperct-1999.