Rybinski v. State Employees' Retirement Commission

378 A.2d 547, 173 Conn. 462, 1977 Conn. LEXIS 872
Supreme Court of Connecticut·Decided September 13, 1977·Published·Cited by 89 cases

Opinion

Speziale, J.

The defendant state employees’ retirement commission denied the plaintiff her request to change retirement plans, and she sought judicial review of this decision through the appeal provisions of the Uniform Administrative Procedure Act (chapter 54 of the General Statutes, hereinafter referred to as the UAPA). The com[463] mission filed a plea in abatement claiming that the plaintiff was not entitled to judicial review pursuant to the UAPA and that the Court of Common Pleas was without jurisdiction to hear the case. The plaintiff has appealed from the court’s judgment sustaining the plea in abatement and dismissing the action.

“A plea in abatement is the proper pleading when The ground of abatement is want of jurisdiction and [the] facts . . . relied upon ... do not appear in the record.’ Practice Book § 93.” Kohn Display & Woodworking Co. v. Paragon Paint & Varnish Corporation, 166 Conn. 446, 448, 352 A.2d 301; East Side Civic Assn. v. Planning & Zoning Commission, 161 Conn. 558, 560 n.1, 290 A.2d 348. Ordinarily, a finding is necessary to test the conclusions of the trial court reached on a plea in abatement. See Leonard v. Zoning Board of Appeals, 151 Conn. 646, 648, 201 A.2d 466. These conclusions must stand unless they are legally or logically inconsistent with the facts found or involve the application of some erroneous rule of law material to the case. New Haven v. United Illuminating Co., 168 Conn. 478, 483, 362 A.2d 785; Lonergan v. Connecticut Food Store, Inc., 168 Conn. 122, 124, 357 A.2d 910; Johnston Jewels, Ltd. v. Leonard, 156 Conn. 75, 79, 239 A.2d 500. The court found1 that the plaintiff, Mary Rybinski, was an employee of the state of Connecticut and that the defendant commission was a state agency. The court further found that the commis[464] sion denied the plaintiff’s request to change retirement plans; that this decision was made as a matter of routine business at a regular commission meeting solely upon written correspondence between the parties; and that neither the plaintiff nor her counsel appeared before the commission. The court concluded that the proceeding at which the commission denied the plaintiff’s request was not a hearing; that because a hearing was neither required by statute nor in fact held, the proceeding did not involve a contested case within the meaning of the UAPA; that the UAPA did not authorize an appeal; and that the court was without jurisdiction to hear the matter. The court further determined that the “plaintiff had made no additional claims of law.” On appeal, the plaintiff claims that the UAPA did entitle her to judicial review of this matter and that the commission denied her procedural due process by reaching its decision without first having given her a full hearing.

I

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Rybinski v. State Employees' Retirement Commission, 378 A.2d 547, 173 Conn. 462, 1977 Conn. LEXIS 872 (Colo. 1977).

378 A.2d 547 (Rybinski v. State Employees' Retirement Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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