Connecticut Superior Court, 1994

Town of Stratford v. Bd. of Med./arb., No. Cv94 31 38 87 S (Oct. 19, 1994)

Town of Stratford v. Bd. of Med./arb., No. Cv94 31 38 87 S (Oct. 19, 1994)
Connecticut Superior Court · Decided October 19, 1994 · THIM, JUDGE.
1994 Conn. Super. Ct. 10613
Town of Stratford v. Bd. of Med./arb., No. Cv94 31 38 87 S (Oct. 19, 1994)

Opinion of the Court

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE: MOTION TO DISMISS The State Board of Mediation and Arbitration issued an arbitration award. It did not, as the appellants now contend, issue a declaratory ruling. The arbitration decision became final on April 14, 1994, and the appellants received notice of the decision on April 18, 1994. See Exhibit B attached to complaint.

The appellants filed an appeal from the decision under General Statutes § 4-183. See Paragraph eleven of complaint. The appellants do not have a right to appeal from the arbitration decision under General Statutes § 4-183. The board is specifically exempted from § 4-183 by General Statutes § 4-186(c).

A party to an arbitration proceeding may challenge an award by filing in the Superior Court a motion to vacate the award. See General Statutes § 7-143c(d)(5) and § 52-418. A motion to vacate must be filed within thirty days from the notice of the award. See General Statutes § 52-420(b). The plaintiffs failed to file a motion to vacate within thirty days. Instead, they filed an appeal under § 4-183 thirty-nine days after notice.

The motion to dismiss the appeal is granted.

THIM, JUDGE

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