Pizzoferrato v. Community Renewal Team, Inc. ( 2022 )


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    GAIL PIZZOFERRATO v. COMMUNITY
    RENEWAL TEAM, INC.
    (AC 43956)
    Prescott, Moll and Pellegrino, Js.
    Syllabus
    The plaintiff sought to recover damages for personal injuries that she alleg-
    edly sustained as a result of the defendant’s negligence. The court
    referred the case to arbitration pursuant to statute (§ 52-549u). Following
    a hearing, the arbitrator issued a decision in favor of the defendant.
    Electronic notice of the decision was provided to the parties’ counsel
    on that same day. Neither party filed a demand for a trial de novo within
    twenty days of when electronic notice was sent. Because a demand for
    a trial de novo was not filed within twenty days, the trial court rendered
    judgment in accordance with the arbitrator’s decision. Thereafter, the
    court denied the plaintiff’s motion to open and vacate the judgment,
    and the plaintiff appealed to this court, claiming that the court improp-
    erly denied her motion because the language of the applicable statute
    (§ 52-549z) and rule of practice (§ 23-66) require that notice of an arbitra-
    tor’s decision be sent both electronically and by mail before it can
    become a judgment of the court, and notice was not sent by mail in the
    present case. Held that the trial court did not abuse its discretion in
    denying the plaintiff’s motion to open and vacate the judgment: § 52-
    549z does not provide that notice of an arbitrator’s decision must be
    sent both electronically and by mail in order for the statutory twenty
    day period to commence, § 52-549z was amended after the judicial
    branch gave notice of its practice of sending only electronic notice of
    an arbitrator’s decision unless counsel obtain an exclusion from the
    electronic services requirement, and Practice Book § 23-66 does not
    preclude electronic service of an arbitrator’s decision; moreover, it was
    undisputed that both the plaintiff’s and the defendant’s counsel received
    electronic notice of the decision, neither counsel obtained an exclusion
    from the electronic services requirement, the plaintiff’s counsel never
    argued that he was unaware of the court’s practice of sending only
    electronic notice of the decision, and the case did not involve self-
    represented parties; accordingly, notice did not need to be provided
    by mail.
    Argued January 6—officially released March 29, 2022
    Procedural History
    Action to recover damages for personal injuries sus-
    tained as a result of the defendant’s alleged negligence,
    and for other relief, brought to the Superior Court in
    the judicial district of Hartford and referred to Jeffrey
    V. Phelan, arbitrator, who issued a decision for the
    defendant; thereafter, the court, Sheridan, J., rendered
    judgment in favor of the defendant in accordance with
    the arbitrator’s decision; subsequently, the court, Sheri-
    dan, J., denied the plaintiff’s motion to open and vacate
    the judgment, and the plaintiff appealed to this court.
    Affirmed.
    Steven J. Errante, with whom, on the brief, was Gar-
    rett A. Denniston, for the appellant (plaintiff).
    Meredith Ashley Hill, for the appellee (defendant).
    Opinion
    PELLEGRINO, J. The plaintiff, Gail Pizzoferrato,
    appeals from the judgment of the trial court denying
    her motion to open and vacate the judgment of the
    court rendered in favor of the defendant, Community
    Renewal Team, Inc., in accordance with a decision of an
    arbitrator that resulted from court-annexed arbitration.
    On appeal, the plaintiff claims that the court improperly
    denied her motion because the language of both General
    Statutes § 52-549z1 and Practice Book § 23-662 require
    that a decision of an arbitrator be sent to the parties
    both electronically and by mail before it can become a
    judgment of the court. Because notice of the arbitrator’s
    decision was never sent to the parties or their counsel
    by mail in the present case, the plaintiff argues that the
    judgment of the court, rendered on the basis of the
    arbitrator’s decision, should be vacated. We disagree
    and affirm the judgment of the court.
    The following facts and procedural history are rele-
    vant to our resolution of the plaintiff’s appeal. On
    November 29, 2016, the plaintiff allegedly fell and suf-
    fered several injuries while walking on a sidewalk
    owned and controlled by the defendant. The plaintiff
    instituted a negligence action against the defendant,
    which the court referred to arbitration pursuant to Gen-
    eral Statutes § 52-549u. Following a hearing before the
    arbitrator, on October 29, 2019, the arbitrator issued a
    decision in favor of the defendant. Electronic notice of
    the arbitrator’s decision was provided to the parties’
    counsel that same day. The electronic notice stated that
    the arbitrator’s decision had been filed and informed
    the parties that it could be viewed in the case’s elec-
    tronic file. It also stated that ‘‘[s]elf-represented parties
    and attorneys who have an exemption from [the elec-
    tronic services requirement] will continue to receive a
    copy of the decision, findings, or report by mail.’’ Nei-
    ther party filed a demand for a trial de novo within
    twenty days of when the electronic notice was sent.
    On December 19, 2019, because a demand for a trial
    de novo was not filed within twenty days, the trial court
    rendered judgment in accordance with the decision of
    the arbitrator.
    On January 13, 2020, the plaintiff filed a motion to
    open and vacate the judgment of the court, claiming
    that she had failed to make a claim for a trial de novo,
    pursuant to § 52-549z and Practice Book § 23-66,
    because she had never received a copy of the arbitra-
    tor’s decision by mail and, thus, ‘‘was not aware of
    the arbitrator’s [decision] . . . .’’ The court denied the
    plaintiff’s motion to open and vacate because ‘‘[t]he
    record clearly demonstrated that electronic notice of
    the filing of the arbitrator’s decision was provided to
    the parties on October 29, 2019.’’ This appeal followed.
    On appeal, the plaintiff first claims that § 52-549z
    provides that a demand for a trial de novo must be filed
    no later than twenty days after notice of the decision
    of an arbitrator has been sent to the parties electroni-
    cally or deposited in the United States mail, whichever
    is later, meaning that notice must be sent both electron-
    ically and by mail before the twenty day period for filing
    a demand for a trial de novo begins. The plaintiff further
    argues that her interpretation of § 52-549z is ‘‘bolstered
    by the inclusion [in the statute] of the phrase in accor-
    dance with the rules of [the] court’’ (emphasis in origi-
    nal); see General Statutes § 52-549z (d); which she con-
    tends refers to Practice Book § 23-66, under which she
    argues notice must be sent by mail. We do not agree
    that notice of the arbitrator’s decision must be sent
    both electronically and by mail in order for the twenty
    day period to commence.
    We begin by setting forth the applicable standard
    of review. ‘‘[B]ecause this case presents an issue of
    statutory construction . . . [w]ell settled principles of
    statutory interpretation govern our review. . . .
    Because statutory interpretation is a question of law,
    our review is de novo. . . . When construing a statute,
    [o]ur fundamental objective is to ascertain and give
    effect to the apparent intent of the legislature. . . . In
    seeking to determine that meaning, General Statutes
    § 1-2z directs us first to consider the text of the statute
    itself and its relationship to other statutes. If, after
    examining such text and considering such relationship,
    the meaning of such text is plain and unambiguous and
    does not yield absurd or unworkable results, extratex-
    tual evidence of the meaning of the statute shall not
    be considered. . . . The test to determine ambiguity is
    whether the statute, when read in context, is susceptible
    to more than one reasonable interpretation.’’ (Internal
    quotation marks omitted.) Planning & Zoning Com-
    mission v. Freedom of Information Commission, 
    316 Conn. 1
    , 9, 
    110 A.3d 419
     (2015).
    We turn now to the relevant language of § 52-549z:
    ‘‘(a) A decision of the arbitrator shall become a judg-
    ment of the court if no appeal from the arbitrator’s
    decision by way of a demand for a trial de novo is filed
    . . . (d) . . . with the court clerk not later than twenty
    days after the date on which (1) notice of the arbitrator’s
    decision is sent electronically to the parties or their
    counsel, or (2) the arbitrator’s decision is deposited in
    the United States mail, whichever is later, and shall
    include a certification that a copy thereof has been
    served on each party or counsel of record, to be accom-
    plished in accordance with the rules of the court. . . .’’
    (Emphasis added.) According to the plaintiff, § 52-549z
    requires that notice of an arbitrator’s decision be sent
    both electronically and by mail. We disagree because
    there is no language in § 52-549z that dictates that notice
    must be sent both electronically and by mail. Section
    52-549z merely recognizes that notice may be sent by
    two possible methods and then dictates how the twenty
    day period is to be calculated with respect to each
    method. The phrase ‘‘whichever is later,’’ on which the
    plaintiff’s argument hinges, is applicable only in circum-
    stances in which notice is sent both electronically and
    by mail—something that did not occur in the present
    case. In the present case, electronic notice was sent to
    the plaintiff’s counsel on October 29, 2019. Because
    notice was sent electronically and not by mail, the
    twenty day period for filing a demand for a trial de
    novo began on October 29, 2019.
    This interpretation of § 52-549z is further supported
    by the fact that § 52-549z was amended in July, 2019; see
    Public Acts 2019, No. 19-64; after the Judicial Branch,
    in 2018, gave notice of the new Superior Court practice
    of sending only electronic notice of an arbitrator’s deci-
    sion to counsel of record unless counsel has obtained
    an exclusion from the electronic services requirement.
    See Connecticut Judicial Branch, Superior Court
    Notices, June 6, 2018, available at https://jud.ct.gov/
    superiorcourt (last visited March 18, 2022). Thus, as a
    practical matter, there may be cases involving a self-
    represented party or an attorney who has obtained an
    obtained an exclusion from the electronic services
    requirement in which notice of the arbitrator’s decision
    is sent both electronically and by mail.
    Practice Book § 23-66, on which the plaintiff relies,
    has not been updated since 2003. Although § 23-66 dis-
    cusses instances in which notice of the arbitrator’s deci-
    sion has been mailed, it does not preclude electronic
    service of the arbitrator’s decision or govern the calcula-
    tion of the twenty day period when notice has been
    given electronically or in cases involving both methods
    of giving notice. In the present case, it is undisputed
    that (1) both the plaintiff’s and the defendant’s counsel
    received notice electronically, (2) neither counsel had
    obtained an exclusion from the electronic services
    requirement, and (3) the case did not involve any self-
    represented parties. Thus, notice of the arbitrator’s
    decision did not need to be provided by mail under the
    circumstances of this case.3
    Having determined that notice was properly provided
    to the parties, we now turn to the plaintiff’s claim that
    the court abused its discretion by denying her motion
    to open and vacate the judgment rendered in accor-
    dance with the decision of the arbitrator. We first set
    forth our applicable standard of review. It is well estab-
    lished that ‘‘[t]he denial of a motion to open is an appeal-
    able final judgment.’’ (Internal quotation marks omit-
    ted.) Worth v. Korta, 
    132 Conn. App. 154
    , 158, 
    31 A.3d 804
     (2011), cert. denied, 
    304 Conn. 905
    , 
    38 A.3d 1201
    (2012). This court does not ‘‘undertake a plenary review
    of the merits of a decision of the trial court to grant or
    to deny a motion to open a judgment. . . . In an appeal
    from a denial of a motion to open a judgment, our
    review is limited to the issue of whether the trial court
    has acted unreasonably and in clear abuse of its discre-
    tion. . . . In determining whether the trial court
    abused its discretion, this court must make every rea-
    sonable presumption in favor of its action. . . . The
    manner in which [this] discretion is exercised will not
    be disturbed so long as the court could reasonably
    conclude as it did.’’ (Internal quotation marks omitted.)
    Veneziano v. Veneziano, 
    205 Conn. App. 718
    , 732, 
    259 A.3d 28
     (2021).
    In the present case, it is undisputed that the plaintiff’s
    counsel received electronic notice of the arbitrator’s
    decision on October 29, 2019. Furthermore, the plain-
    tiff’s counsel never argued that he was unaware of the
    Superior Court’s practice, effective June 1, 2018, of
    sending only electronic notice of an arbitrator’s deci-
    sion to counsel of record. Notwithstanding these undis-
    puted facts, the plaintiff failed to file a demand for a
    trial de novo within the twenty day period set forth by
    § 52-549z. We conclude, therefore, that the trial court
    did not abuse its discretion by denying the plaintiff’s
    motion to open and vacate the judgment.
    The judgment is affirmed.
    In this opinion the other judges concurred.
    1
    General Statutes § 52-549z provides in relevant part: ‘‘(a) A decision of
    the arbitrator shall become a judgment of the court if no appeal from the
    arbitrator’s decision by way of a demand for a trial de novo is filed . . . .
    (d) An appeal by way of a demand for a trial de novo shall be filed with
    the court clerk not later than twenty days after the date on which (1) notice
    of the arbitrator’s decision is sent electronically to the parties or their
    counsel, or (2) the arbitrator’s decision is deposited in the United States
    mail, whichever is later, and shall include a certification that a copy thereof
    has been served on each party or counsel of record, to be accomplished in
    accordance with the rules of the court. . . .’’
    2
    Practice Book § 23-66 provides in relevant part: ‘‘(a) A decision of the
    arbitrator shall become a judgment of the court if no claim for a trial de
    novo is filed . . . .
    (c) A claim for a trial de novo must be filed with the court clerk within
    twenty days after the deposit of the arbitrator’s decision in the United States
    mail, as evidenced by the postmark. . . .’’
    3
    We encourage the Rules Committee of the Superior Court to consider
    amending the language of Practice Book § 23-66 to correspond to both the
    amendments made to § 52-594z in 2019 and the current practice of giving
    notice under the now existing electronic services program.
    

Document Info

Docket Number: AC43956

Filed Date: 3/29/2022

Precedential Status: Precedential

Modified Date: 3/28/2022