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Maloney v. State

Supreme Court of Connecticut
Dec 4, 1979
426 A.2d 288 (Conn. 1979)

Opinion

Argued November 15, 1979

Decision released December 4, 1979

Appeals in each of three cases by the plaintiff from certain orders of commitment by the juvenile court for the second district imposing conditions on the plaintiff concerning the care of children committed to him, brought to the Superior Court in New Haven County and tried to the court, Reynolds, J.; judgments sustaining the appeals, from which the defendant filed combined appeals to this court. Appeals of the defendant dismissed.

William F. Gallagher, special assistant state's attorney, with whom, on the brief, was Michael J. Whalen, juvenile court advocate, for the appellant (state in each case).

Cornelius F. Tuohy, assistant attorney general, with whom, on the brief, was Carl R. Ajello, attorney general, for the appellee (plaintiff in each case).


The plaintiff's counsel during oral argument before us disclosed that the three orders of commitment which are the subject of these appeals have expired. Thus, any controversy which may have existed between the parties regarding the power of the juvenile court to impose in its order of commitment conditions, which the commissioner of the department of children and youth services was to follow regarding the care of the minor delinquent children involved, necessarily became moot. Appellate jurisdiction requires that there be an actual controversy; it is not the province of appellate courts to decide moot questions. United Liquors of Connecticut, Inc. v. Teamsters Local 443, 179 Conn. 211, 212, 425 A.2d 1262 (1979); Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901 (1973).


Summaries of

Maloney v. State

Supreme Court of Connecticut
Dec 4, 1979
426 A.2d 288 (Conn. 1979)
Case details for

Maloney v. State

Case Details

Full title:FRANCIS H. MALONEY, COMMISSIONER OF THE DEPARTMENT OF CHILDREN AND YOUTH…

Court:Supreme Court of Connecticut

Date published: Dec 4, 1979

Citations

426 A.2d 288 (Conn. 1979)
426 A.2d 288

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