AC44441 - Atlantic St. Heritage Associates, LLC v. Bologna (Summary process; motion to open; motion to terminate appellate stay; motion for review; "In this commercial summary process action, the trial court determined that there was no automatic appellate stay that would prevent the execution of the judgment of possession during the pendency of this appeal. Pursuant to Practice Book § 61-14, the defendant, Paul Nicholas Bologna, doing business as Paul N. Bologna & Associates, timely filed a motion for review of that decision. We agree with the defendant that the trial court misapplied our Supreme Court's decision in Young v.Young, 249 Conn. 482, 733 A.2d 835 (1999), in reaching the conclusion that there is no automatic stay in existence. By order dated March 17, 2021, we granted the defendant's motion for review, granted the relief requested, vacated the trial court's decision, and indicated that an opinion would follow. This opinion provides our reasons for that order.

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The defendant's motion for review is granted, the relief requested is granted, and the trial court's February 4, 2021 order on the plaintiff's motion to terminate the appellate stay is vacated.")