Haylett v. Commission on Human Rights & Opportunities

541 A.2d 494, 207 Conn. 547, 1988 Conn. LEXIS 127, 47 Empl. Prac. Dec. (CCH) 38,164, 46 Fair Empl. Prac. Cas. (BNA) 1876
CourtSupreme Court of Connecticut
DecidedMay 24, 1988
Docket13331
StatusPublished
Cited by19 cases

This text of 541 A.2d 494 (Haylett v. Commission on Human Rights & Opportunities) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haylett v. Commission on Human Rights & Opportunities, 541 A.2d 494, 207 Conn. 547, 1988 Conn. LEXIS 127, 47 Empl. Prac. Dec. (CCH) 38,164, 46 Fair Empl. Prac. Cas. (BNA) 1876 (Colo. 1988).

Opinion

Shea, J.

The only issue in this appeal is whether the trial court erred in determining that General Statutes [548]*548§ 52-491 required the plaintiff, Claris Haylett, to designate a return date in her appeal to the Superior Court, which had been taken as authorized by General Statutes §§ 46a-95 (j)2 and 4-183 (a),3 within sixty days from the date when the defendant commission on human rights and opportunities (CHRO) mailed its adverse decision to her. We conclude that the specification in § 52-49 that appeals “from orders of commissioners and other administrative officers shall be taken to á return day of the superior court within sixty days after their allowance” is no longer operative and has been superseded by the general return day limitation of “two months after the date of the process” contained in General Statutes § 52-48 (b).4 Accordingly, we find error [549]*549in the granting of the defendant’s motion to dismiss the appeal for lack of subject matter jurisdiction and remand the case to the trial court with direction to deny that motion.

The complaint alleges that, after the Hebrew Home and Hospital (Hebrew Home), a defendant in this case, had discharged the plaintiff, she filed with the CHRO on March 24, 1981, an age discrimination complaint against her employer. An investigator for the agency initially determined that there was reasonable cause for her charges against the Hebrew Home. After some unsuccessful conciliation efforts, however, the legal division of the CHRO, in reviewing the file before certification to a public hearing, concluded that her case was not “litigation worthy.” The CHRO ultimately dismissed the complaint filed with it and notified the plaintiff of this action on March 28,1985. She requested that the CHRO reconsider its dismissal of her complaint. On March 26,1986, the agency notified her by mail that this request had been denied.

On April 17, 1986, the plaintiff commenced her appeal of the CHRO’s dismissal of her complaint against the Hebrew Home, as authorized by § 46a-95 (j), by service of process. The return day upon which the defendants were summoned to appear in the Superior Court was June 3, 1986. After the CHRO had moved to dismiss the appeal for lack of subject matter jurisdiction, the trial court granted the motion on the ground that the return date specified in the complaint “was more than 60 days beyond March 26, 1986, the date of the . . . decision . . . .” The court concluded, therefore, that the complaint did not comply with the requirement of § 52-49 that appeals from administrative officers “shall be taken to a return day of the superior court within sixty days after their allowance.”

[550]*550The practice of “allowing” appeals has ancient roots. Prior to the enactment of the appeals statute in 1882, chapter 50 of the 1882 Public Acts, there were no appeals as of right in this state. State v. Caplan, 85 Conn. 618, 622-24, 84 A. 280 (1912). “The writ of error is the common-law method, and formerly the only method in this State, of carrying up a cause from an inferior to a higher court for the revision of questions of law.” Id., 622. A party bringing a writ of error to a higher court first had to obtain an allowance of the writ. “Writs of error shall be allowed and signed, by the judges of the court, to which they are returnable . . . .” General Statutes (1821 Rev.) § 2-72. Out-present statutes relating to writs of error still contain the provision that “[a]ll writs of error shall be allowed and signed by a judge of the superior court or by the clerk of the court . . . .” General Statutes § 52-275. Our rules of practice have recently been amended to make it clear that the writ, “if in proper form, must be allowed.” (Emphasis added.) Practice Book § 4114 (a).

The practice of allowing appeals has been followed in the courts of probate since colonial times; Orcutt’s Appeal from Probate, 61 Conn. 378, 382, 24 A. 276 (1892); and is recognized by General Statutes § 45-294, which prescribes that a Probate Court “in allowing an appeal, shall make such order of notice to persons interested as it deems reasonable.” See George v. St. Ann’s Church, 182 Conn. 322, 324, 438 A.2d 97 (1980). Probate Court judges do not possess the discretionary authority to refuse to allow review by a higher court. A party cannot appeal directly from a refusal to allow an appeal, but may apply to a higher court for a writ of mandamus to compel the Probate Court to allow the appeal. Williams v. Cleaveland, 76 Conn. 426, 430, 56 A. 850 (1904); Orcutt’s Appeal from Probate, supra.

[551]*551Section 52-49 has its origin in a statute regulating appeals from justices of the peace and other inferior courts. “Appeals from judgments of justices of the peace and from other inferior tribunals shall be taken to the return day of the appellate court next after their allowance . . . .” General Statutes (1918 Rev.) § 5588. A provision for allowance of an appeal from a justice of the peace had been contained in an earlier statute; General Statutes (1866 Rev.) c. 5, § 88, p. 19; and the allowance had been deemed a mere “clerical” act of the justice court. Spencer v. Broughton, 77 Conn. 38, 41, 58 A. 236 (1904). In 1925, § 5588 was amended to include appeals from “orders of commissioners and other administrative officers.” Public Acts 1925, No. 201. There is no recorded legislative history concerning this amendment nor can it be ascertained how the allowance of an appeal from “commissioners and other administrative officers” could be obtained. In 1959 an act deleted reference to appeals from justices of the peace and other inferior tribunals, thus leaving only appeals from administrative officials within its scope. Public Acts 1959, No. 28, § 106.

The CHRO contends that § 52-49 requires that, before a party whose complaint has been dismissed by the agency may appeal to the Superior Court, the agency must “allow” the appeal. The CHRO acknowledges that historically the allowance of appeals has been a judicial function. Brown v. McConnell, 124 U.S. 489, 490, 8 S. Ct. 559, 31L. Ed. 495 (1888). It argues, however, that the legislature must have intended that administrative agencies assume this judicial function because the 1925 amendment to the statutory predecessor of § 52-49 referred to appeals from administrative officers along with those from justices of the peace. Public Acts 1925, No. 201. The CHRO.concedes, however, that there is no authority or other evidence indicating that administrative agencies ever have exercised [552]*552the function of “allowing” an appeal as a discrete act. It maintains, nevertheless, that mailing the notice of its final order dismissing the complaint constituted an allowance of the appeal by the agency because, only at that point, does the statute permit the appeal to be instituted.

To treat the mailing of the notice of decision, which marks the start of the period for taking an appeal, as also being the allowance of the appeal has the effect of removing the requirement for any separate act of allowance from § 52-49 and renders that provision of the statute largely superfluous.

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Bluebook (online)
541 A.2d 494, 207 Conn. 547, 1988 Conn. LEXIS 127, 47 Empl. Prac. Dec. (CCH) 38,164, 46 Fair Empl. Prac. Cas. (BNA) 1876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haylett-v-commission-on-human-rights-opportunities-conn-1988.