disciplinary counsel v. joseph chiarelli
DESCRIPTION
Included here is the court transcript used by Connecticut disciplinary officials to file a motion to place attorney Joseph Chiarelli on inactive status due to a diabetic ulcer on his foot.TRANSCRIPT
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INNHC~-~DISCIPUNARY COUNSEL
FILING CODE: M63
SUPERIOR COURT
i VS.
I JOSEPH CHIARLLI January 21. 2010I APPLICATl'ON FOR PLACEMENT OF ATTORNEY ON SUSPENSION OR INACTIVE
STATUS AND APPOINTMENT. Of TRUSTEEPURSUANT TO PRACTICEl3POK §§ 2..58 Et. Seq.
JUDICIAL DISTRICT OFNEW HAVEN
To the Superior Court within and for the Judicial Otstct of New Haven, now in
session, comes now the Disciplinary Counsel, duly appointed and qualified and acting j
accrdance with the powers vested in saki office by Practice Book Secton 2-34A. and
2-58 et seq., and makes request to 1his Court that Joseph ChlarelU an attorney who has
an offce address at 2114 Whitney Avenue, Hamden, Connecticut is incapacitated and
unable to pracUee law by reason of physical or mentaUnfirmíty or ilness and should be
suspended or placed on inactive status unless and until his physical or mental
condìtìons improve and he is frt practice law, In support of thìs peUtion, the Petitioner
avers as follows:
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Offce of Chief Disciplinary CounselJuris 422382100 Washington Stret
I Harford, CT06106
01/29/2010 12: 25
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203-288-7951 OLIVECREST PAGE 04/118
Joseph Chiarell (hereinafter Respondent), juris number 009337, was duly
admitted as a member of the bar of the State of Conneccut on
September 21, 1971.
Respondent Chiarell has reported in open court that he is ii, and that two
dodors have given him medical advice agaìnst his appearance in court
and agaínst trying cases. (See transcript of court proceedings on Janu8'Y '
14,2010 attached hereto as ExhibìtA.)
Nevertheless, Chiarell contÎnues~o attempt t~represent clients in both
civil matters and criminal cases. (See motion for continuance, Exhibit B
attached hereto, seeking to delay trial of a case that has already been
delayed and is being tried on half-days to accommodate Chiarell so that
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Petitioner Disciplinary Counsel feels that this matter is an appropriate one I
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he can appear in Meriden criminal court)
for Respondent to be placed on inactve status unless and until his..
physical and mental health conditions ìmprove to the extent that he can
return to th practice of law in such manner as to n01 prejudice the
interests of his clients and/or impede the orderly proceedings of the trial
courts.
WHEREFORE. Petitioner prays that a medieal ex.amination of the Respondent be
ordered, and thai an Order placing the Respondent on Inactive Status enter, that an
Offce ofChiefDisdplin,ar Counsel.
Jurs 4223gi100 Washington StreetHarford, CT 06106
01/29/2010 12: 25 203-288-7951 DLI VECf.c.~ I t-AI.t. I::J( I::J
attorney be appointed as trstee to protect the interests of Respondent's dients. to
inventory his files, all in accrdance with Sections 2-56 at. seq. of the Practice BOOK...
Dated at Hartord,. Connecticut this J~Ì\kJary 21 ~ 2Q 1 O.
Chief Disciplinary Counsel
By:
Please enter the appearance of the¡ Offc~of ~hief Disciplinari Coun5~1 for.' Apphcant in t~;:a~:ve_entlt!ed action.
...,..:. .,,- ;! ."" .ti /.I ~ .:i /' .iilMark A. riuboisOfce of Chief Disciplinary CounselJuns No. 422382100 Washington StreetHartord, Connecicut 06106phone (860) 706-5055fax (860) 706-5063
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Office of Chief Disciplinary CounselJwis422382100 Washington StreetHartord, CT 06106
./f....ark A. Dub is
Office of Chief Disciplinary CounselJuris No. 422382100 Washington StreetHartrd. Connecticut 06106
phone (860) 706-5055fax (B60) 706-5063
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THE CHIARELLI LAW FIRM, LLC. CHEL BUILIN.... ....LAUREL SQARE ~ .3I WHI AVENE~ canc062S(2) 2E7S
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A.
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NO: FA-08 4030850 SUPERIOR COURT
DAVID FUSCO ~~DICIAL DISTRICTOF NEW HAVEN
Iv. P.T NFW HAVEN, CONNECTICUT
ANITRA FUSCO JANUARY 14, 20J.0
.:)
.~,BEFORE THE HONORABLE fl. A. ABERY-WETSTONE, ,~~¡a
APPEARANCES
Representing the Plaintif~&~:
ATTORNEY JOSEPH CHIARELLI --_I\li.f.~!l~1f
Representing the Defendantll:
ATTORNEY MICHAEL E. RIZZO -- ~~~iI
Representing the minor chi.ld (rent:
ATTORNY THOMS A. ESPOSITO
Reported By:Name
Ju 0\ of NéW HavSUPEftlOR COURT
'FILED
JAM 19 1.910
TranscZ'ìbed By:J. Lanef::kiCertified Court Reporter235 Church St..New Haven, GT
CHIEF CLERKS OffCE
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i PROCEEDINGS;
2 THE COURT: Fusco versus Fusco.
3 MR. CHIARELLI: Ready.
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t-lR. RIZZO: It.' s ready, your Honor.
THE CLERK: Judge, we still don't have the GA.
THE COURT: We need the guardian.
l1R. RIZZO: He's not present at the motr~m. ".
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B (Aside.)9 THE CLERK: He is here. He was just in Fam.ily
10 Relations.
11 THE COURT: Right. We'11 have to pass that,
12 then; and that's all Fusco.
13 THE CLERK: Yes.
14 MR. CHIARELLI: Judge, can I address a
15 preliminary matter to yOU?
16 THE COURT: A --
17 MR. CHIARELLI: On
18 THE COURT: -- preliminary matter on Fusco--
19 MR. CHIARELLI: Yes.
20 THE COURT: -- without the --
21 MR. CHI~..ELLI: On --
22 THE COURT: -- guardian
23 MR. CHIARELLI: ~- Fusco.
24. THE COURT: -- here?
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wants us to do about this case. We're on trial in
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what I--'
25 MR. CHIARELLI: Well, it' 5 j list what the Court
front of Judge Kenefick, and about. 90 percent of
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1 I have to present, he already knows; and l d have to
2 be -- anything we do today, if you're going to hear
3 the case, is going to have to be presented to him all
4 over again.
5 THE COURT: No, no. I'm not hearing the case.
6 MR. CHIARELLI$: Oh. Ohi okay. I'm sorry.
7 THE COURT: We're going to try and set"es.to8 finish the trial.Q"' MR. CHIARELLI: Oh. Okay. Thank you, Judge.
10 MR. RIZZO: Your Honor, if I may respond brie.fly.
11 I know the guardian isn't here, but I have a witness
12 here -- a m.ental health professional -- who is
not I~
13 charging by the hour. r f 1'm hearing that we are14 going to do any evidence today --
15 THE COURT: No.
16 MR. RIZZO: We're not ruling on motions today?
i 7 . THE COURT: No.
18 MR. RIZZO: 'I-hen I would like to release my
19 witness.
20 ¡ THE COURT: You may.
21 I (The Court addressed other matters.)
22 THE COURT: Continue to be on trial in front of
23 Judge Kenefick. How many more trial days are
24 required?
25 MR. RIZZO: That's a good question, your Honor;
26 and for the record, the last time we had evidence in
27 this case \Vas in JUly; and, at. that point, I believe
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1 we had had nine days of evidence.
2 MR. CHIARELLI: I thought it was 10; or ir.aybe it
3 was eight.
4. MR. RIZZO: It could have been 10; and Mr.
5 Chiarelli had
6 (Sound of microphone being impacted.)
7 MR. RIZZO: -- the Plaintiff on the st:,andwe
8 had a police officer here and a few other witnesses.
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ISo, i have no idea how long Mr. Chiarelli's case I
is going to take, since he's only had one principal iI
So, in nine days, we haven't accomplished much; and,
as I statedr that was in July.
witness so far who is not finished.
Now
THE COURT: You had one witness on the stand for
nine days?
MR. RIZZO: One person.
MR. CHIARELLI: That isn't true.
MR. RIZZO: Well, no, no. He had
MR. CHIARELLI: Well, he says
MR. RIZZO: -- his
MR. CHIARELLI: -- anything he wants.
MR. RIZZO: He had his client on the stand, and
he had a side issue that vias heard involvtng a police
officer and some marshals in this building over an
incident that occurred during the trial; but as for
the trial -- the substance of the trial -- I believeJ
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i t s only been Mr. Fusco.
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THE COURT: How many days de you need to put on
your case?
MR. RIZZO: 1 have no idea until I get some idea ¡. ~
of what his case is going to be.
THE COURT: Attorney --
MR. CHIARELLI: Judge -- ..~~
THE COURT: -- Chiarelli
MR. CHIARELLI: -- CQuld we
THE COURT: -- how much more time do you need"?
MR. CHIARELLI: Judge, could we address allef
this to Judge Kenefick, because he knows what all of
the issues are. You know, he just gave you a lot of
double talk abòut the history of this case. Judge
Kenefick is familiar with it., and he runs a tight
case, and he's going to I'm sure he's going to
schedule it so the case is gcing to get over in very
short ord.er.
What I'd really like to do is see Judge
Kenefick; all matters be referred to Judge Kenefick
so we --
(Sound of microphone being impacted.)
MR. CHIARELLI: -- don't have to keep coming back
here for short calendar assignments, because I think
ultimately he's the one who's got to sche if he's
going to hear it, he can schedule it alL.
THE COURT: No. I have to heai: --
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1 MR. CHIARELLI: Oh, okay.
2 THE COURT: -- how --
3 MR. CHIARELLI: I'm sorry.
4 THE COURT: -- we r re going to do the scheduling.
5 At one point, Attorney Chiarelli, you indicated to
6 this Court that you were not able to try cases all
7 day long --g MR. CHIARELLI: Ye s .
9 THE COURT: -- and we need to find out what we
10 need to do to accormnodate your disability.
11 i (Sound of microphone being impacted.).
12 I . MR. CHIARLLI: Yes.
13 I MR. RIZZO: Your Honor, if I may interrupt,
14 because I want to make it clear on the record --
15 MR. CHIARELLI: I
16 MR. RIZZO: -- to
i 1 MR. CHIARELLI: -- was
18 ~~. RIZZO: -- this --
19 MR. CHIARELLI: -- going
20 MR. RIZZO: -- Court --
21 MR. CHIARELLI: -- to answer you r Judge, but he
22 interrupted again. So, 1'11 wait for the23 interruption.
MR. RIZZO: We are here today because Mr. I
Chiarelli filed an emergency motion to modify custody J
ex parte, ànd he appeared here I believe it was
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27 December 22nd; called my office --
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MR. CHIARELLI: Well, do you want to argue these
motions --
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THE COURT; What --
MR. CHIARELL I: -- and
MR. RIZZO: -- and
MR. CHIARELLI: -- want
7 MR. RIZZO: -- before ...MR. CHIARELLI~ -- us to
MR. RIZZO: -- I _.-
MR. CHIA£'ELLI : -- argue
HR. RIZZO: -- had
MR. CHIARELLI: -- the
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13 MR. RIZZO: -- an --l4 MR. CHIARELLI: ._- mot.ions
15 MR. RIZZO:-- opportunity
16 HR. CHIARELLI: -- Judge?
17 (Sound of microphone being impacted.)
18 MR. CHIARELLI: (indiscernible) argue?
19 THE COURT: Just let him finish.20 MR. CHIARELLI: He's just going to give you his21 distorted view or22 THE COURT: I
23 MR. CHIARELLI: -- his --24 THE COURT: -- really --
25 MR. CHIARELLI: -- interp
26 THE COURT: -- don't care.
27 MR. CHIARELLI: Okay._J
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1 THE COURT: What I need to do today is to find
2 out precisely what accomtnodations the Court has to
3 make for Hr. Chiarelli so this case can be tried as
Jquickly as possible. iMR. R!ZZO: I don't believe the Court has to make!
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6 any accommodations, your Honor, but that's only my
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opinion.
THE COURT: I
MR. RIZZO: I
THE COURT: under
MR. RIZZO: believe --
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12 THE COURT: stand that's
13 MR. RIZZO: T --.J
THE COURT; your
MR. RIZZO: belie --THE COURT: opinion
MR. RIZZO: I --
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18 THE COURT: ahd
19 MR. RIZZO: belie --THE COURT: that's why II masking r1r.
21 Chiarelli what his doctor has ad'7ised him and what22 his physical limitations are.23 MR. CHIARELLI: My doctor doesn't
24 (Sound of microphone being impacted.)
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25 MR. CHIARELLI: -- want me here at all, but I'm
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willing to come ha.lf da.ys. I don't want to lose
these trial dates that we've already had. This man
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1 wants to get this case over with. So, that's what ¡!I'm trying to do. I'm trying to get it over with for!2
3 him.
4 THE COURT.: ¡-fell i for the record, would it be
5 accurat,e, then, to say that your doctor has advised
6 you not to come to court, period?
7 MR~ CHIARELLI: Yes~ Yes. ~""~.
B THE COURT: And it's adverse
9 MR. cHiARELLI: I'm a very sick guy.
10 THE COURT: I understand that, and it
11 MR. CHIARELLI: Yes.
12 THE COURT: --would be adverse to your health to
13 be in court?
14 MR. CHIARELLI: Yes, but I'm willing to corne. I
15 want to help the Court get this case over with. T
16 don't want to give this headache to another lawyer17 and to another judge. So, that's why r keep coming
18 here and r keep trying to facil;itate the disposition19 of this case.
20 MR. RIZZO; With ex parte motions for custody?
21 MR. CHIARELLI: Well, it was absolutely -- the
22 guy came over -- my house. He had tears in his eyes.
23 MR. RIZZO: Are we going to argue the motion?
24 MR. CHI~IfELLI: So,. that's why --
2S THE COURT: No.
26 MR. CHIARELLI: 1--27 THE COURT: You're not arguing
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1 MR. CHIARELLI: -- came.
2 THE COURT = -- the motion in front of me.
3 All right . Soi you can work how many hours a
4 day?
5 MR. CHIALLI; Well.. usually around 12 = 00
6 or clock, I get -- you know, I start having a lot of
7 trouble. So, I would like to try cases Llp.."i!ñ'tiJl: 00
8 Of clock each day.
9 THE COURT: Well, we're going to make an
10 exception for this case, Mr. Chiarelli, be --
11 MR. CHIARLLI: Oh --
12 THE COURT: -- cause
13 MR. CHIALLI: -- r appreciate14 THE COURT: -- I --
15 l1R. CHIARELLI: -- that
16 THE COURT: -- am --
i 7 MR. CHIARELLI: -- Judge.
16 THE COURT: I am very concerneô by your statement
19 as an officer of the Court that your doctor has
20 advised you not to try cases. I certainly will allow
21 Mr. Fusco to obtain substitute counsel. I don't want
22 to put your: health at risk.
23 MR. CHIARELLI: Yes.
24 THE COURT: So, it --
MR. CHIARELLI: I appreciate that, Judge.I
THE COURT: So, you can --Ii!
MR. CHIARELLI ~ And it's more than one doctor, I
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and they say that I shouldn't be coming to court.
THE COURT: Then for purposes of the Fusco case
only, based on your representation that you should
not be in cou:it at all and with the hesitancy that I
don't want anything adverse to happen to your health;
but if you insist on completing this trial, I'm
asking you to see Case Flow and get the ve~e:it.
available dates in front of Judge Kenefick, and we'11
do half days for a week or two weeks oi: however long
it takes to finish this trial.
MR. RIZZO: Consecutive days, yöur Honor?
THE COURT: If possible; yes. 1--
MR. CHIARELLI: Judge --
THE COURT: -- will step off the bench and ask
Case Flow to move whatever else J~dge Kenefick has.
MR. RIZZO: But, your Honor, if I'm hearing the
Court correctly, just so ! understand. Mr. Chiarelli
is going to work half days on this case¡ and on his
other cases, there's no limitation?
THE COURT: He's told me that his doctors have
indicated to him he should not be in court at all.
MR. RIZZO; Does that mean but thatTHE COURT: I am quite he5i tant to put. any
lawyer's health and welfare at risk by requiring them
to come to court.
MR. RIZZO: My point,. though,. is if he can pu.t in
full days on other cases, if that' s what we'__~~~
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talking about here! then I don't see why there should
be an exception here.
MR. CHIP..ELLI: ¥oul"re making unwarranted
assum.ptions.
MR. RIZZO: ¡'m hear -- you're --
i"1R. CHIARLLI: Judge i I have a --
THE COURT: I --
MR. CHIARELLI: -- rea 1
THE COURT: -- haventt --
MR. CHIARELLI: -- issue l d
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11 TH.E COURT: -- seen--
12 MR. CHIARELLI: -- like
13 THE COURT: -- him put a full day in court since14 September --
15 MR. CHIARELliI: Yes.
16 THE COURT: -- and if I am aware of him putting17 full days in court, you could bring that toia MR. RIZZO; Thank --
19 THE COURT: the--20 MR. RIZZO: you, your Honor.
21 THE COURT; Court's attentioh.
22 MR. RIZZO; 'That's all lwanted to know.23 ' THE COURT: I am going on his representation as
24 an offi.cer of the Court that his doctor or doctors25 multiple have told him --26 (Sound of microphone being impacted.)
27 THE COURT: -- he shouldn't be trying cases at
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1 all; period. However, he is a dedicated lawyer, and 1
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he wishes to
of microphone being impacted.)
THE COURT: -- finish this trial. So, I am
accomIodating him for this trial only. I do not wish
to put Attorney Chia;r;ellF s continued health at risk.
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So, in future trials, they might not happ~'-"
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9 THE COURT: -- with Attorney Chiarelli because
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they're not in a middle of a trial. 00 you
understand that?
MR. RIZZO: Do I understand you?
THE COURT: I/11 allow him to finish this trial
be
MR. RIZZO: Absolutely
THE COURT: cause T
MR. RIZZO: Judge.
THE COURT: don't want nine days --
MR~ RIZZO: I absolutely --
THE COURT: of these
todR. RIZZO: a --THE COURT: peoples' money to go down the
tubes.
MR. RIZZO: ! absolutely understand, your Honor.
I just --
MR. CHIARELLI: So, Judge, I have a real --
MR. RIZZO: -- don't --
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MR. CHIARELLI: -- issue
MR. RIZZO. -- buy it.
MR. CHIARELLI: -- that I'd like to address to
you. M.y opponent indicated to .Judge4
5 (Sound of microphone being impacted.)
6 MR. CHIARELLI: -- Kene£ick that he would bring
7 Mr. Martino to court and it wasn't necess~irfar~e
8 to subpoena Mr. Martino. 1 asked him if he will
9 bring Mr. Hartino to court. He responded in the
10 negative. So, is he going to keep his~.yrq to Judge11 Kenefick? You know, I'd like to have Mr. Martino12 here when I need him.
13 MR. RIZZO: Judge14 THE COURT: That' s an issue you should take up
15 wìth Judge --
16 (Sound of microphone being impacted.)
17 THE COURT: -- Kenefick.
18 MR. CHIAELLI: Okay. I wilL. Thank you.
19 THE COURT: Okay?20 All21 MR. RIZZO: Your -~22 THE COURT: right.23 MR. RIZZO: Honor, we're to pick dates, your24 Honor?25 THE COURT: Pm going to step off the bench to
26 talk to Case Flow so you can pick dates.27 MR. ESPOSITO: krid, your Honor, are you marking
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1 off the hearing that was scheduled on the ex parte
2 motion for today?
3 rlHE COURT: Yes.
4 MR. ESPOSITO: Okay.
5 MR. RIZZO~ What happens to the ex parte motion?
6 Is it going to be denied with prejudice?
7 MR. CHIARELLI: Well, Judge, I would _....
8 THE COURT; It' s going to be heard with the
9 triaL.
10 MR. CHIARELLI: Yes.
11 THE COURT: I will schedule the trial as soon as
12 possible. The next available date for Judge Kenefick
13 will be given by you. So, if her s available tomorrow
14 and you're all available, that's the date you' 11 get.
15 MR. CHIARELLI: Okay. Thank you, Judge.
16 That's --
17 MR. RIZZO: Thank---
18 MR . CHIARELLI : -- the
19 MR. RIZZO: -- you
20 MR. CHIARELLI: -- way
21 MR. RIZZO:-- Judge.
22 MR. CHIARELLI: -- I understood it, too.
23 THE COURT: So, we're going to expedite this as
24 quickly as possible.25 MR. CHIARELLI: Yes.
26 THE COURT: All right?
27 Short recess, so ¡ can talk to Case Flow.
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1 'iiiE MARSHJ\L: All rise. The Court stands in a
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2 short recess.
3 (The matter concluded.)
4 . (Recess. )
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Ø1/29/2Ø1Ø 16: Ø4 2Ø3-2BB-7961 OLIVECREST t-Al.l: 1 (11 ':
NO: FA-08 4030850 SOPE'~RIOR COORT
DAVID FOSCO JUDICIAL DISTRICTOF NEW H.iWEN
;r . AT NEW HAVEN1 CONNECTICUT
Po.NITRA FUSCO JANUARY 14, 2010
-"~.CERTiprCATION
I hereby certífy m;.~i~~~~'f~.~~~~~1l~/~;li~!ii:~~eW~íl
~*,i!~ a true and correct transcription of the stenographic
notes of the above-referenced casei heard in Superior Court,
Judicial District of New Haven f New Haven, Connecticut, before
the Honorable H. A. Abe.rY-Wet5tone,,~.li~, on t.he 14th day of
Januaryi 2ûl0.i
Dated this 15th da:'i of Januaryi 2010 in New Haven,
Connecticu t .
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Certi£ied Court Reporter
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JAN-21-2Ø10 11:4& FROM: ro; 1867Ø6Ø6 P:2/2
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