Lewis v. Freedom of Information Commission

Citations

• 202 Conn. App. 607

Syllabus

The plaintiff appealed to this court from the judgment of the trial court dismissing his appeal from the final decision of the defendant Freedom of Information Commission for lack of subject matter jurisdiction. The ground for dismissal was the plaintiff's failure to file his administrative appeal in the Superior Court within forty-five days of the mailing of the defendant's final decision, as required by statute (§ 4-183 (c)). Held that the trial court properly dismissed the plaintiff's appeal for lack of subject matter jurisdiction; although a court clerk improperly refused to file the plaintiff's appeal because he did not effect service through a marshal, contrary to the express statutory language of § 4-183, this rejection occurred after the time limitation for filing the appeal had already expired and, thus, even if the clerk had accepted and filed the plaintiff's appeal when the papers arrived, the plaintiff's appeal would have still been untimely. Submitted on briefs October 7, 2020—officially released February 16, 2021