DocketNumber: No. CV 01 0508067S
Citation Numbers: 2002 Conn. Super. Ct. 933
Judges: ARONSON, JUDGE TRIAL REFEREE.
Filed Date: 1/18/2002
Status: Non-Precedential
Modified Date: 4/17/2021
The pro se plaintiff commenced this action by filing the summons and complaint with the clerk of the court on April 24, 2001. However, the complaint was not served on the Attorney General in accordance with General Statutes §
The plaintiff opposes this motion to dismiss on the ground that he relied upon information he claims was given to him by a clerk of the court that service by a sheriff was not necessary. Although he paid a filing fee and recognizance, the plaintiff states that he was told by the clerk that the only thing he had to do was file the complaint in the clerk's office. The plaintiff claims that, as a pro se party unskilled in the law that he had a right to rely on the information he received from the clerk.
Section
The plaintiff recognizes that an appeal taken from the action of the Commissioner should be commenced by service in accordance with §
Whether or not the clerk misinformed the plaintiff regarding the need to make service in this case is not germane to the issue of whether the court has subject matter jurisdiction to hear this case. "Appeals to courts from administrative agencies exist only under statutory authority. . . . A statutory right of appeal may be taken advantage of only by strict compliance with the statutory provisions by which it is created. . . . Such provisions are mandatory, and, if not complied with, the appeal is subject to dismissal." (Citations omitted; emphasis in original; internal quotation marks omitted.) Hefti v. Commission On HumanRights And Opportunities,
In Hefti, the plaintiff claimed that the clerk misled her, resulting in her failure to timely file her appeal. The court in Hefti, relying onTarnopol v. Connecticut Siting Council,
Since the plaintiff failed to properly serve the complaint in this CT Page 935 action, the court lacks subject matter jurisdiction to hear this matter. The Commissioner's motion to dismiss is granted.
Arnold W. Aronson Judge Trial Referee