DocketNumber: No. FA89 026 48 84
Citation Numbers: 1993 Conn. Super. Ct. 2962, 8 Conn. Super. Ct. 453
Judges: MORAN, J.
Filed Date: 3/2/1993
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant appealed from the decision of the Family Support Magistrate pursuant to Conn. Gen. Statutes
The appeal conducted by the Superior Court shall be confined to the record. . . . The Superior Court requested and did receive written briefs. Conn. Gen. Statutes
The courts review is confined to the record and briefs. The court does not review this case de novo.
The standard of review herein is the same as set forth in Conn. Gen. Statutes
. . . The court shall affirm the decision of the agency unless the court finds that substantial rights of the person appealing have been prejudiced because the administrative findings, inferences, conclusions, or CT Page 2963 decisions are: (1) in violation of constitutional or statutory provisions;. . . .
The scope of judicial review set forth in said
Under the substantial evidence rule, the credibility of witnesses is within the province of the underlying adjudicator and, if evidence exists which reasonably supports the decision, that decision must be upheld, Dorman v. DelPonte,
A careful review of the transcript of the September 11, 1992 hearing before Family Support Magistrate Frankel demonstrates that her decision must be upheld.
The financial affidavits before the Family Support Magistrate do not show a substantial change of circumstances as regards to the defendant.
The defendant is urged to work 40 hours per week based on a letter which the plaintiff introduced, T8, 9; T27, 28.
The court also invites attention to pages 41, 42 of the transcript wherein Family Support Magistrate Frankel explains her reasoning in denying the plaintiff's motion to modify.
The appeal of the defendant from the decision of the family support magistrate as amended (under date of November 25, 1992) is dismissed.
Further the order of this court dated October 15, 1992 staying the order that the defendant pay a lump sum of $1355.00 to the plaintiff on or before October 2, 1992 is vacated and the defendant is ordered to pay to the plaintiff the sum of $1355.00 on or before April 15, 1993.
JOHN W. MORAN, JUDGE CT Page 2964