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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4-183

Citation
Section 4-183
Parent Document
Bittle v. Commissioner of Social Services, 249 Conn. 503 (1999)
Jurisdiction
Connecticut (state)
Effective Date
1999-07-20

Other Sections in This Document (52)

Full Text

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“There are at least two superior court cases that I know of in which that interpretation was confirmed. In 1983, in [Board of Education v. State Board of Education, supra, 38 Conn. Sup. 712], the appellate session without looking at the legislative history, ruled that the legislature could not possibly have intended to dispense with the sheriff, and thereby interpreted the statute to require that there be a citation and that the sheriff do the service. What this bill does, it restates the 1979 statute. The problem with doing nothing is it has created a great deal of confusion for administrative appeals. Because many people took administrative appeals without citing in the sheriff. Without putting a citation to the sheriff, so what’s happened is, they have been faced with a jurisdictional motions under the 1983 appellate session case saying that they do not have the right to bring the appeal because they failed to serve the process properly and of course, at this point in time, the time limit for taking the appeal is passed and it’s too late to correct the mistake.