Hunter's Ambulance v. Off. of Em. Serv., No. Cv 97 056 73 01 (Jan. 31, 1997)
Opinion of the Court
In its motion, the department advances a number of arguments contesting the court's subject matter jurisdiction. The court has conducted its own review of the record in the case and determines that the appeal must be dismissed for reasons independent of those asserted by the defendant.
The facts essential to the court's decision are not in dispute. The defendant department rendered the final decision that is the subject of this appeal on August 21, 1996. Although the record thus far compiled does not indicate the date the department mailed the decision in accordance with §
General Statutes §
In the present case, the court finds that it is more likely than not that the appeal was not filed in the court within the forty-five day period required by the law. Accordingly, the court lacks subject matter jurisdiction over the appeal. In reaching this conclusion, the court accepts the plaintiff's contention that the reference in the complaint to subsection (b) of §
In view of the court's findings and conclusion on the issue of timeliness, it is not necessary to consider CT Page 375-K the other issues raised by the defendant in its motion to dismiss.
The appeal is dismissed.
MALONEY, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.