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 Law Appellate Court Opinions

by Roy, Christopher


AC45365 - Colandrea v. State Dental Commission ("The plaintiff, Anthony Colandrea, a dentist, appeals from the judgment of the Superior Court dismissing his administrative appeal from the decision of the defendant Connecticut State Dental Commission (commission) disciplining him after finding him guilty of incompetence or negligence toward patients in violation of General Statutes § 20-114 (a) (2). On appeal, the plaintiff claims that the court improperly dismissed his administrative appeal because (1) the administrative disciplinary proceeding before the commission was barred by the doctrine of res judicata, (2) the defendant Department of Public Health (department) failed to rebut the presumption of prejudice that purportedly arose from an ex parte communication between the department’s attorney and a former member of the panel that submitted a proposed decision to the commission mission pursuant to General Statutes § 4-179, (3) the commission abused its discretion in revoking his dental license as a disciplinary sanction, (4) the panel and the commission failed to act as impartial arbiters, and (5) the court abused its discretion in denying his motion to allow proof outside of the record. We affirm the judgment of the Superior Court.")

AC45056 - Commissioner of Public Health v. Colandrea ("The defendant, Anthony Colandrea, appeals from the judgment of the trial court (1) denying his motion to vacate a contempt enforcement order, which stemmed from a contempt judgment rendered against him following his noncompliance with a subpoena duces tecum issued by the plaintiff, the Commissioner of Public Health, for certain records of his dental practice, and (2) granting in part the plaintiff's motion to increase a per diem fine that the court ordered as a contempt sanction. On appeal, the defendant claims that the court's judgment constitutes error because (1) the present subpoena enforcement action was barred by the doctrine of res judicata, (2) the contempt proceeding against him was criminal in nature, such that (a) he was entitled to several rights afforded by the federal constitution and (b) the Office of the Attorney General, which represents the plaintiff, lost its statutory authority to continue seeking to enforce the subpoena on behalf of the plaintiff, and (3) the investigation with respect to which the plaintiff issued the subpoena has been concluded, thereby depriving the plaintiff of its statutory authority to continue prosecuting the present subpoena enforcement action. We disagree and, accordingly, affirm the judgment of the trial court.")