DocketNumber: 7719
Citation Numbers: 20 Conn. App. 470
Judges: Lavery
Filed Date: 1/9/1990
Status: Precedential
Modified Date: 9/8/2022
The plaintiff is appealing from the judgment of the trial court dismissing his administrative
The trial court found the following facts. On May 11, 1988, the department of human resources (DHR) obtained a money judgment, after a plenary hearing in Superior Court, against William Beck, the plaintiff in the present case. Rivera v. Beck, Superior Court, judicial district of Fairfield, docket no. 87-0242914S (May 11,1988). The judgment was for an arrearage that Beck owed to the department of income maintenance (DIM) for support of and lying-in expenses paid by DIM, on the behalf of Beck’s minor child, from February 3, 1987, to December, 1987, pursuant to General Statutes § 17-82d. General Statutes § 17-83e makes parents liable for public assistance paid by DIM on behalf of a minor child. The authority to recover these funds, however, is vested not in DIM but in DHR, pursuant to General Statutes § 17-31b. Thus, it was DHR, not DIM, that brought this action against Beck that resulted in the May 11 judgment. Beck did not appeal the Superior Court’s judgment of May 11, 1988.
On June 1, 1988, Beck petitioned for a hearing with DIM, pursuant to General Statutes § 17-82Í,
The plaintiff claims that the trial court erred in finding that he was not entitled to a hearing pursuant to § 17-82f. We disagree.
“Appeals from final judgments or actions of the superior court shall be taken to the appellate court . . . .” General Statutes § 51-197a. The only exceptions to this statutory mandate involve appeals in those cases that are either appealable directly to the Supreme Court; id.; General Statutes § 51-199 (b); or not appealable at all. See, e.g., General Statutes § 51-197a (small claims judgments not appealable). Just as the judicial department lacks the power to perform administrative or nonjudicial functions; Pittsburgh Plate Glass Co. v. Dahm, 159 Conn. 563, 568, 271 A.2d 55 (1970); so do adminis
DIM had no jurisdiction to hear such an appeal, and the agency properly refused to hear Beck. Beck failed to take a proper appeal from the judgment in Rivera v. Beck, supra, and thus he is not entitled to any review of that decision. In addition, the trial court correctly found that the plaintiff was neither an applicant nor a beneficiary
There is no error.
In this opinion the other judges concurred.
General Statutes § 17-82f provides: “Any applicant or beneficiary aggrieved by a decision of the commissioner made without a fair hearing may request a hearing in accordance with the provisions of section 17-2a.”
General Statutes § 17-82 defines beneficiary as “any adult or minor child receiving assistance under the provisions of this chapter.”
General Statutes § 17-2a provides in pertinent part: “An aggrieved person authorized by law to request a fair hearing on a decision of the commissioner of income maintenance . . . may make application for such hearing in writing over his signature to the commissioner and shall state in such application in simple language the reasons why he claims to be aggrieved. Such application shall be mailed to the commissioner within sixty days after the rendition of such decision.”