The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Administrative Appeal Appellate Court Opinion

by Booth, George


AC43937 - Sokolovsky v. Mulholland (Administrative appeal; discrimination; motion to dismiss; subject matter jurisdiction; claim that trial court erred in concluding that statutory (§ 46a-101) ninety day limitation period for commencing action in Superior Court pursuant to statute (§ 46a-100) was subject matter jurisdictional; "The self-represented plaintiff, Matvey Sokolovsky, appeals from the judgment of the trial court granting a motion to dismiss filed by the defendants, the town of East Lyme; William Mulholland, zoning official; and Mark C. Nickerson, first selectman. Although the plaintiff's claims on appeal are not a model of clarity, he appears to argue that the court erred by concluding that (1) the ninety day time limitation set forth in General Statutes § 46a-101 (e) for commencing an action in Superior Court pursuant to General Statutes § 46a-100 is subject matter jurisdictional, (2) his application for a waiver of fees did not commence the action, and (3) he was required to specially plead the continuing course of conduct doctrine in his complaint in order for the court to consider its effect on the limitation period. We conclude that the time limitation in § 46a-101 (e) is not subject matter jurisdictional but, rather, is mandatory and subject to consent, waiver, and equitable tolling. As a result, we reverse the judgment of the court and remand the case for further proceedings consistent with this opinion.")