62-64 Bank Street, LLC v. Amelio

Citations

• 232 Conn. App. 550

Syllabus

The defendant tenant appealed from the trial court's judgment for the plain- tiff landlord in the plaintiff's summary process action, and the plaintiff moved to dismiss the appeal. The plaintiff claimed, inter alia, that this court lacked subject matter jurisdiction over the appeal because it was jurisdictionally late pursuant to statute (§ 47a-35 (b)). Held: The defendant's appeal was timely pursuant to § 47a-35 (b), as new five day appeal periods with respect to the judgment of possession and the denial of the defendant's motion to reargue arose following the trial court's grant of the defendant's fee waiver application pursuant to the rule of practice (§ 63-1 (c) (1)), this court having determined, under the limited and unique circumstances presented in this appeal, that, when the defendant attempted to file a timely and proper appeal during the appeal periods, the appeal should have remained pending, rather than having been rejected, notwithstanding an error on the appeal form, and, treating the appeal form as if it had been returned on the basis of the error, the defendant corrected it within the time allowed pursuant to the rule of practice ((2024) § 62-7 (a)). The defendant's appeal was not moot, even though he was no longer in possession of the leased premises, because the parties' lease did not expire until 2027, and, accordingly, if the defendant were successful on the merits of his appeal, he could be afforded practical relief in the form of a writ of restoration. Considered February 5—officially released May 13, 2025