Opinion
Argued October 8, 1965
Decided November 9, 1965
Appeal from the action of the civil service commission of the city of New Britain in sustaining the discharge of the plaintiff as a member of the fire department, and seeking reinstatement, brought to the Court of Common Pleas in Hartford County and tried to the court, Sidor, J.; judgment dismissing the appeal, from which the plaintiff appealed to this court. No error.
George J. Coyle, for the appellant (plaintiff).
Andrew P. Denuzze, corporation counsel, for the appellees (defendants).
There was no stipulation of facts in this case. The only facts properly appearing in the record are those alleged in the first six paragraphs of the first count of the complaint which were admitted in the answer. These are not sufficient for a determination of the single question of law raised in the appeal to this court. See Postemski v. Watrous, 151 Conn. 183, 184, 195 A.2d 425.
Other facts essential to a decision of the sole ground of appeal appear in the memorandum of decision and seem to be assumed in one portion of the defendants' brief although they are denied in another portion of the same brief.
In this situation we cannot determine the appeal on its merits.