AC44188 - Pierce v. Commissioner of Correction (“On appeal, the petitioner argues that the court abused its discretion in denying his petition for certification to appeal because the court improperly dismissed the first count of his third amended petition in 2019 without first providing him with notice and an opportunity to be heard.3 We agree with the petitioner that the court abused its discretion in denying his petition for certification to appeal. Furthermore, in light of our Supreme Court’s decisions in Brown v. Commissioner of Correction, 345 Conn. 1, 282 A.3d 959 (2022), and in Brown’s companion case, Boria v. Commissioner of Correction, 345 Conn. 39, 282 A.3d 433 (2022), which were decided in 2022, after the habeas court’s 2019 dismissal of the first count of the petitioner’s third amended petition, we agree that the habeas court committed error in dismissing that count pursuant to § 23- 29 without first providing him with prior notice of its intention to dismiss and an opportunity to submit a brief or a written response addressing the proposed basis for dismissal. Accordingly, we reverse in part the judgment of the habeas court.”)