Frank Addona v. Administrator, Unemployment Compensation (2011)

MEMORANDUM OF DECISION

Although Judge Vitali's well reasoned decision challenging the constitutionality of procedures employed by the Administrator in this case was reversed by the Appellate Court, this case was remanded to this court for consideration of the plaintiff's remaining claims.   Unfortunately, the remaining issues are issues of fact and cannot be reviewed by this court because of the failure of the plaintiff to file a motion to correct the findings within two weeks after the record has been filed pursuant to Section 22–4 of the Practice Book.¹

Accordingly, the appeal is dismissed.

Robert I. Berdon

Judge Trial Referee

FOOTNOTES

FN1. “If the appellant desires to have the finding of the board corrected he or she must, within two weeks after the record has been filed in the superior court, unless the time is extended for cause by the board, file with the board a motion for the correction of the finding and with it such portions of the evidence as he or she deems relevant and material to the corrections asked for, certified by the stenographer who took it;  but if the appellant claims that substantially all the evidence is relevant and material to the corrections sought, he or she may file all of it, so certified, indicating in the motion so far as possible the portion applicable to each correction sought.   The board shall forthwith upon the filing of the motion and of the transcript of the evidence, give notice to the adverse party or parties.”  Section 22–4, Connecticut Practice Book..  FN1. “If the appellant desires to have the finding of the board corrected he or she must, within two weeks after the record has been filed in the superior court, unless the time is extended for cause by the board, file with the board a motion for the correction of the finding and with it such portions of the evidence as he or she deems relevant and material to the corrections asked for, certified by the stenographer who took it;  but if the appellant claims that substantially all the evidence is relevant and material to the corrections sought, he or she may file all of it, so certified, indicating in the motion so far as possible the portion applicable to each correction sought.   The board shall forthwith upon the filing of the motion and of the transcript of the evidence, give notice to the adverse party or parties.”  Section 22–4, Connecticut Practice Book.

Berdon, Robert I., J.T.R.