City of Waterbury v. NOM 276 (2012)

MEMORANDUM OF DECISION

The City of Waterbury had petitioned to have a Receiver of Rents appointed under Connecticut General Statutes § 16–262t.   Such a Receiver known as Collect Associates, was appointed on December 15, 2011 for property at 17 Eastern Ave. in Waterbury, Connecticut.   An intervening party by the name of Migliaro Fuel Company has made a claim that certain fuel oil was delivered to the said premises after the appointment of the Receiver and that it has not been paid for those three deliveries that were received between December 27, 2011 and January 19, 2012.

The intervenor, Migliaro, with prompting from the Court, submitted three delivery invoices for the subject fuel oil.   The Court's Exhibit A indicated that those deliveries were billed to the owner/defendant, 276 Bedford Realty Corp. and not to the Receiver.   The Receiver had no knowledge of these billings or that there were three earlier deliveries.   The Intervenor Migliaro seeks payment for these heating oil deliveries in the amount of $24,375.94.

A strict interpretation of Connecticut General Statutes § 16–262t requires a priority of payments by the Receiver, to include any arrearage to be found by the Court.   Migliaro claims that since the oil deliveries were made after the Receiver's appointment, they should receive the priority of sub-section (5)(a) before fees, costs and arrearages are paid.

The Court finds that the intervenor Migliaro has not perfected its claim for the said three deliveries of oil, amounting to approximately $24,375.   The intervenor Migliaro has not been diligent in presenting its claim to the Receiver with verifiable and probative evidence.   A strict interpretation of case law would not allow any recovery by Migliaro.

Therefore, the only relief to be granted to Migliaro Fuel by this Court is an offsetting amount of $5,000.   The receiver's proposed final accounting of August 1, 2012 should be amended to reflect this adjustment.   With that, the said account will be approved with the receipts and disbursements as shown.   The bond on the Receiver is hereby released.

By Order of the Court

VINCENT ROCHE, J.

Roche, Vincent E., J.