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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4-61dd

Citation
Section 4-61dd
Parent Document
Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)
Jurisdiction
Connecticut (state)
Effective Date
2013-07-09

Other Sections in This Document (64)

Full Text

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The plaintiffs argue that our Supreme Court has held that the “policy of promoting the speedy and efficient determination of claims supports a conclusion that a statutory time limit is subject matter jurisdictional.” We disagree with both their characterization of the cases they cite for this proposition and the conclusion they attempt to draw from them. In support of their argument, the plaintiffs rely exclusively on cases that address statutory appeals periods, rather than cases that concern the original filing of claims. In the cases cited by the plaintiffs, our Supreme Court has stated that the “public policies of promptness and finality” support the conclusion that “appeal periods implicate subject matter jurisdiction.” (Emphasis added.) Stec v. Raymark Industries, Inc., 299 Conn. 346, 364, 10 A.3d 1 (2010); see also HUD/Barbour-Waverly v. Wilson, 235 Conn. 650, 656, 668 A.2d 1309 (1995); Ambroise v. William Raveis Real Estate, Inc., 226 Conn. 757, 628 A.2d 1303 (1993). The plaintiffs point to no authority, nor have we uncovered any, that extends to the initial filing of claims the reasoning applied to statutory appeals periods. In fact, following the logic set forth by the plaintiffs would turn the presumption of jurisdiction on its head, as we cannot imagine a statutory time limit for the filing of claims that does not serve to “[promote] the speedy and efficient determination of claims . . . .”