Opinion
No. FA02-0394584S
January 4, 2005
MEMORANDUM OF DECISION RE MOTION TO LIFT STAY
After review of the papers, hearing witness testimony and argument by counsel, as well as reviewing the cases cited by the Intervenors, the court overrules the Intervenors' Objection to the Town of Bellingham Plaintiff's Motion to Lift Stay. This is a written confirmation of the court's oral decision on December 23, 2004.
The court adopts the reasons cited by counsel for Mrs. Pressman at oral argument for lifting the stay. The court has considered the equities of the case and the factors set out in Griffin Hospital v. Commission on Hospitals CT, 196 Conn. 451 (1985). Also the court has reviewed, after the hearing, the cases cited by the Intervenors, Lasalle National Bank v. Shook, 29 Conn. L. Rptr. 462, 2001 Ct.Sup. 4388 (March 28, 2001) 67 Conn.App. 93 (2001); and Wasson v. Wasson, 2004 Ct.Sup. 5584 (April 19, 2004). Between the court's oral decision given from the bench on December 23, 2004 and this written decision, the Intervenors have requested an extension of time to appeal the court's decision until the first week in January. It has not yet been objected to or responded to in writing by counsel for Mrs. Pressman. Because of the fact that the request was made via telefax in the late afternoon of the last day before the Christmas break, i.e. December 23, with the likely absence of parties and counsel due to the holiday, the court cannot grant the request ex parte. Unfortunately, the timing of such a request, as well as the types of questions posed by Intervenor's counsel to Mrs. Pressman on the Motion to Lift Stay, only amplify the court's concern about the appropriateness of the Intervenors' timing and motion practice. Though the Clerk's office tried to set up a hearing on the requested extension for December 28, 2004, that could not be arranged. Counsel for Mrs. Pressman was unable to be contacted. Also counsel for the Intervenors asked that the matter be taken on the papers. Because of the ex parte nature of the request, the court will not act on the request at this time.
Objection to Plaintiff's Motion to Lift Stay overruled. Motion to Lift Stay, granted.
SO ORDERED.
John R. Downey, Judge