4 Whip objected thereto on September 13, 2010. * Historical, vital, and court records and search results may require an additional purchase. 4 Whip was served on January 20, 2009, and the defendant Connecticut Environmental, LLC, was served on January 21, 2009. The second Hopkins affidavit assert[s] that the affiant [is] employed by the servicing agent for the substitute plaintiff, a relationship strong enough to establish a foundation for the affiant's claims that she [is] familiar with the books and records regarding the defendant's indebtedness. Bank of America, FSB v. Franco, 57 Conn.App. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Lower courts should not lend their aid to efforts to present the Court with additional problems. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 891 and 892(b) are constitutional. q&.ao@*\u\kpwcOvn!s?P]q QZ$#:1\!3(c =X"uoOVnq>v\,2v)8u-2ygy5-'g*N4l]ZEiFIb&JF-aO>-dz=|Mf3?$Y%H!^omT |Zlz-['bs[YAR"_v>wKTMTJT whu Q$/@$;&A}nYiu! cg ESG*Kn@:a.@.QK%m=8G#n.F+%#HC$I.!N()R`H'VNmT?H1xiZ20vS)P}A#Pfoy*Ynl'8M; M Attached to the Bank's reply are authenticated copies of the exhibits referred to in the second Hopkins affidavit. Member of: Stamford Health Medical Group. Dahill Donofrio Moreover, the plea agreement, as we read it, would not be satisfied by our simply saying that we are bound by Pinkerton; rather we would be required to consider whether, as appellants argue in their brief, it should be overruled. For further information concerning these hearings, please contact the Commissions administrative office at 18-20 Trinity Street, Hartford, Connecticut 06106: telephone (860) 566-5682. By virtue of a quit claim deed dated and recorded on November 17, 2006, Donofrio transferred an interest in the subject property to 4 Whip. Share The present foreclosure action was filed with the court on January 26, 2009. Stratford He did not take an appeal. Additionally, the defendant Connecticut Environmental Control, LLC, is a party to this action by virtue of a contractor's lien recorded on the Stratford land records on May 31, 2007..FN1. Your IP: The issue of standing implicates subject matter jurisdiction [I]t is the burden of the party who seeks the exercise of jurisdiction in his favor clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute. (Internal quotation marks omitted.) The present owner and occupier of the subject property is 4 Whip,1 and the unpaid balance under the subject note is $610,479.26. The hearing convened at 2:15 PM, with Hearing Officer, Kathleen K. Ross presiding. WebCheck Mr. Louis E D Onofrio's office address in Stratford, CT and make an appointment. Sultan Realty Count One charged all defendants with a conspiracy2 wherein Francis Curcio would extend credit and direct the other defendants to extend credit with the understanding that delay in repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation and property of the debtors and others, and would demand weekly interest payments known as "vigorish" or "vig" payments which would extend the term of the loans, with the understanding of the defendants and the debtors that delay in repayment or failure to repay would have the described consequences, in violation of 18 U.S.C. In order to obtain a conviction under the substantive Count Three, to which Francis Curcio pleaded, by virtue of the Pinkerton rule, the Government would be obliged to tender evidence that would support a conviction under the conspiracy Count One, to which he was permitted not to plead. Practice Book 9-16 provides: If, pending the action, the plaintiff assigns the cause of action, the assignee, upon written motion, may either be joined as a co-plaintiff or be substituted as a sole plaintiff, as the judicial authority may order; provided that it shall in no manner prejudice the defense of the action as it stood before such change of parties.. The proceedings were digitally recorded. (Emphasis in original). The Supreme Court decision cited by the Government, Haynes v. United States, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. NOTICE: The special meeting scheduled in the following matter for March 7, 2014 at 9:30 AM, was postponed. WebFor over 20 years, Dahill has provided superior document management hardware and software solutions 8200 W Interstate 10, Ste 400, San Antonio, TX 78230 Three days later, on December 6, 1982, the United States, represented by William A. Keefer, an attorney from the Department of Justice,4 signed detailed plea agreements with each of the four appellants. In the absence of an evidentiary record we cannot say whether the prosecutor would have been able to invoke Pinkerton. Sometimes Dahill goes by various nicknames including See also United States v. International Union, United Automobile, Aircraft and Agricultural Implement Workers, 352 U.S. 567, 590-92, 77 S. Ct. 529, 540-41, 1 L. Ed. Exterior rehabilitation of steeple and spire involving weathervane repair wood repairs preparation and repainting of steeple and lightning protection system upgrades. NOTICE: The special meeting scheduled in the following matter for March 5, 2014 at 9:30 AM was cancelled. The proceedings were digitally recorded. Reconnect with Dahill Donofrio by joining our alumni site today. May v. Coffey, 291 Conn. 106, 113, 967 A.2d 495 (2009). Not only does 892(b) specifically declare that "this subsection is nonexclusive", but the legislative history recognizes that "it may be unnecessary for the prosecution to make use of sections 892(b) and 892(c)". Donofrio Before the argument of the appeal the court advised counsel by letter that they "should be prepared to address at oral argument the question whether, in view of United States v. Burns, 684 F.2d 1066 (2 Cir. 1 v. Ins. It has jurisdiction of all matters expressly committed to it and of all other matters cognizable by any law court of which the exclusive jurisdiction is not given to some other court. Specifically, the Bank argues that its evidentiary submissions establish that it satisfied the conditions precedent of the note and mortgage, that the defendants were properly served with process and notice of default, and that the Bank is in possession of the note and mortgage. Moreover, the Bank has established that it is the holder of the subject note and mortgage through its evidentiary submissions. Rather, the thrust of 4 Whip's objection concerns the subject matter jurisdiction of the court. The district judge abused his discretion in accepting a plea permitting such a question to be put to us.14 Compare Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 437, 76 S. Ct. 895, 900, 100 L. Ed. Indeed, as pointed out in 1 Weinstein & Berger, Evidence under the United States Rules, p 303, at 303-25 (1982), the novelty of Allen, and the point on which the majority of five and the minority of four divided, was its holding that in determining whether a "permissive presumption" satisfied the rationality test "the proper evidence to scrutinize is not the general experience of the community or the validity of the legislative findings which support the presumption, but rather the evidence submitted in the particular case at issue." 1375 (1940), had publicly expressed their disapproval with it, and the Court in a subsequent decision had distinguished Gobitis instead of relying on it. At a trial the Government could well have decided to drop the substantive counts against Francis; additional fines were all it could gain from convictions under them, as distinguished from the one under the conspiracy count which it had to prove in any event. Application of National Broadcasting Co., Inc., 635 F.2d 945, 953 (2 Cir. 1269 FN6. The proceedings were digitally recorded. Unlike the frequent case where the maximum punishment under the general conspiracy section, 18 U.S.C. Instead the Court held that " [a]s long as it is clear that the presumption is not the sole and sufficient basis for a finding of guilt", it need meet only a "more likely than not" rather than a "beyond a reasonable doubt" standard, and, after analyzing the precise facts and jury instructions in Allen, concluded that the New York statute passed the test as there applied. In its objection to the motion for summary judgment, 4 Whip contends that the Hopkins affidavit is legally insufficient. CV 08 5016789 (April 16, 2010, Hartmere, J.). On May 3, 2010, this court, Hartmere, J., granted a motion substituting the Bank as the party plaintiff and, on July 6, 2010, the Bank filed the present motion for summary judgment. Dahill Donofrio Files for Bankruptcy in Bridgeport | BKData 11(f), stated that the Government's evidence "would consist of testimony of an accomplice and debtor by the name of William Cray as well as at least six additional debtors, John Acabbo, Richard Alchimio, Ronald Benedetto, Norman Ellsworth, Darryl Hartman and Special Agent Donald Brutnell of the Federal Bureau of Investigation, plus testimony of other witnesses and participants to the events charged. Thus, 4 Whip was made a party to this action due to its status as a subsequent interest holder. By virtue of a quit claim deed dated and recorded on November 17, 2006, Donofrio transferred an interest in the subject property to 4 Whip. Linda D'Onofrio Dahill resides with Nona in Shelton, CT in a condominium. Gus Curcio told Cray that he had to collect the interest, no matter what he had to do to get it. m(%RS+Tu-e8LPuW-s?psgkT&ouHe^fkgGE;Z31Sr]-1* [Part A, Motion for Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982. 2"(3IOmn?b5 Defendants moved to dismiss the indictment on the grounds, among others, (1) that 18 U.S.C. The Bank moves for summary judgment as to liability on the ground that there is no genuine issue of material fact in the present matter and that it is entitled to judgment as a matter of law. We have emphasized only recently the efficacy of the voir dire in cases (Abscam and Watergate) involving far more extensive publicity than occurred here. Stratford, Ct, 06615. The mortgage was subsequently assigned from MERS to Taylor on January 15, 2009. Ellsworth would have testified that Cray had brought him to Gus Curcio and D'Onofrio for a loan, which was made at 4% interest per week (208% per year), and that he believed that Curcio and D'Onofrio would cause him physical harm if he failed to repay. 1489 (1946), allowing a conspirator to be held liable for reasonably foreseeable substantive offenses of another conspirator in furtherance of the conspiracy, was unconstitutional. Sign up for our free summaries and get the latest delivered directly to you. The prosecutor also described evidence with respect to a loan transaction, again involving 3% weekly interest, between Alchimio and Vagnini, who was acting on behalf of Francis Curcio. Please access this link or contact the Commission for further information. <> The requirement that the act must be willful or purposeful may not render certain, for all purposes, a statutory definition of the crime which is in some respects uncertain. ASSOCIATES, LLC in Stratford, CT | Company Info & Reviews Company Information Sponsored Links Company Contacts DONOFRIO DAHILL Member 135 Allendale Dr Stratford, CT 06614 Reviews Write Review There are no reviews yet for this company. The fact that no other court has exclusive jurisdiction in any matter is sufficient to give the Superior Court jurisdiction of that matter [T]he general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of a Superior Court but that which specially appears to be so [N]o court is to be ousted of its jurisdiction by implication. (Internal quotation marks omitted.) Nothing of this sort has occurred with respect to Pinkerton. [J]udgment is not completed until damages have been assessed. Tureck v. George, 44 Conn.App. However, the legal principle is not so broad as the Government suggests. They have also lived in Specifically, 4 Whip alleges: (1) failure to comply with the provisions of the note and deed; (2) failure to comply with mandatory conditions precedent to the acceleration of the loan and commencement of suit; (3) failure to provide the requisite notice pursuant to the terms of the note and deed; (4) lack of standing; (5) lack of subject matter jurisdiction; (6) lack of personal jurisdiction; (7) lack of subject matter jurisdiction in that no properly constituted entity owns and holds the [n]ote and/or [m]ortgage in question; and/or that any purported assignment or transfer thereof is ineffective and unenforceable; (8) lack of subject matter jurisdiction in that there is presently no proper party [p]laintiff before the [c]ourt, or if so, said party is not the legal owner of the [n]ote and [m]ortgage; and (9) defectiveness, unenforceability and/or prematurity of the Bank's action as a result of the foregoing special defenses. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The Bank filed a reply memorandum on September 23, 2010, and the matter was heard at the short calendar on November 1, 2010. No votes were taken. (emphasis supplied). For similar reasons it was an abuse of discretion to permit Francis Curcio to plead guilty to the substantive offense charged in Count Three of the indictment but to reserve the question whether the holding of Pinkerton v. United States, 328 U.S. 640, 645, 648, 66 S. Ct. 1180, 1183, 1184, 90 L. Ed. Cray also would have testified with respect to a loan by Gus Curcio and D'Onofrio to Benedetto at 4% per week which Cray guaranteed. Dahill Donofrio in Stratford, CT - Phone, Address, Email & mo 1214, 1226 (1977). Id. As said in Menna v. New York, supra, 423 U.S. at 62-63 n. 2, 96 S. Ct. at 242 n. 2, "a counseled plea of guilty is an admission of factual guilt so reliable that, where voluntary and intelligent, it quite validly removed the issue of factual guilt from the case." 2d 524 (1960). (emphasis in original). WebThere are 6 other people named Dahill Donofrio on AllPeople. (2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal. But it does relieve the statute of the objection that it punishes without warning an offense of which the accused was unaware. He served in the West Virginia House of Delegates (from 195761) and in the State Senate (from 196164). Taylor, Bean & Whitaker Mortgage Corp. v. Dahill A. Donofrio et [1], Dahill died in Huntington, West Virginia, aged 93.[2]. FN2. Francis Curcio's plea was taken first. Twitter is an internet service where users can update the world in real-time as to their current activities, thoughts and location in 140 characters or less. 2d 628 (1974) (prosecution's making more serious charge after defendant had exercised right to seek trial de novo in higher court); and Menna v. New York, 423 U.S. 61, 96 S. Ct. 241, 46 L. Ed. Click to reveal 3771 and 3772 on April 28, 1983; in the absence of congressional action, it will become effective on August 1, 1983, A fifth defendant, Edward Vagnini, pleaded guilty to the conspiracy count of the indictment and was sentenced to two years imprisonment. Dan "Danny" Dahill (September 28, 1919 April 15, 2013) was an American lawyer and legislator. Note, Conditional Guilty Pleas, 93 Harv. Furthermore, the foreclosing party must demonstrate that all conditions precedent to foreclosure, as mandated by the note and mortgage, have been satisfied. Bank of New York v. Conway, 50 Conn.Sup. 250 Temple St, New Haven, CT, 06511. Spokeo's database, while extensive, does not contain all U.S. warrant, arrest, court, or other related records. The attorneys all responded "No", and one of them said "It is our contention, your Honor, that the Government could offer proof to that effect.". WebDahill A Donofrio (born 1954) is listed at 1869 Main Street Stratford, Ct 06615 and is affiliated with the Democratic Party. 1297 (1956) (F.R.Civ.P. 442 U.S. at 157, 99 S. Ct. at 2224 (emphasis supplied). The Indictment and the Proceedings in the District Court. Therefore, the fourth, fifth, seventh and eighth special defenses fail to preclude summary judgment. MILFORD, CT Polished and dignified, Patricia Juliette Poli Sheahan Hadden Dahill always made a grand entrance where-ever she went and deeply touched the hearts of all she met. 891 and 892: 891(6) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person. Angelo Joseph D'onofrio (age 95) is listed at 487 Commanche Lane A Stratford, Ct 06614 and is affiliated with the Republican Party. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! Share. Webdefendant and her estranged husband, Dahill Donofrio. In support of this the Court cited United States v. United States Gypsum Co., 438 U.S. 422, 434-446, 98 S. Ct. 2864, 2871-2878, 57 L. Ed. 4Whip filed an answer and special defenses on April 22, 2010. font size. 2d 747 (1970) (guilty plea under statute permitting death sentence if jury's verdict so recommended which had been held unconstitutional in United States v. Jackson, 390 U.S. 570, 88 S. Ct. 1209, 20 L. Ed. The United States represents that if the case were to proceed to trial it would be necessary to utilize both the provisions of 18 U.S.C. D'onofrio Nevertheless, the Hopkins affidavit, the copy of the notice letter, and the copies of the note and mortgage deed establish that the Bank complied with the terms of the subject instruments and that Donofrio was properly notified of his default. Ryders Health Management Location 7003 Main St, Stratford, Connecticut, 06614, United States Description Industry Dahill A Donofrio from Stratford, Connecticut Counsel for appellants objects to our considering these, saying that his statement "reflected only a concession that the Government would attempt to offer such evidence--not an admission that the Government's version of the facts was accurate; that all of the proffered testimony would be relevant or admissible; or that appellants had in fact made the statements that the Government indicated that potential trial witnesses would attribute to them." Appellants also argue that some of the requirements for the prima facie case set forth in 892(b) are unconstitutionally vague and that this taints 892(a). 2d 663 (1963), even publicity partly engendered by the Government would not warrant the extreme remedy of dismissal of an indictment before a voir dire. The prosecutor represented that Alchimio would have testified that at the time the extensions of credit were made, he believed that physical harm would come to him if he failed to repay the loans, and that this belief was based on his awareness of Francis Curcio's reputation in the community. 830, 838, 812 A.2d 51 (2002), cert. Finally, 4 Whip's ninth special defense, alleging the defectiveness, unenforceability and prematurity of the Bank's action as a result of the first through eighth special defenses is unavailing. The second Hopkins affidavit assert[s] that the affiant [is] employed by the servicing agent for the substitute plaintiff, a relationship strong enough to establish a foundation for the affiant's claims that she [is] familiar with the books and records regarding the defendant's indebtedness. Bank of America, FSB v. Franco, 57 Conn.App. Dahill Donofrio - Class of 1972 Alumni - Bunnell High School Dahill Donofrio - 732 Bishop Avenue, LLC, Stratford, Connecticut In invalidating the Pennsylvania statute there at issue, the Court relied heavily on the absence of a scienter requirement, saying that it had "long recognized that the constitutionality of a vague statutory standard is closely related to whether that standard incorporates a requirement of mens rea." As the Court recognized, the doctrine that a scienter argument may save a statute which might otherwise have to be condemned for vagueness stems from the plurality opinion in Screws v. United States, 325 U.S. 91, 101-02, 65 S. Ct. 1031, 1035-36, 89 L. Ed. Unless the issue of personal jurisdiction is raised by a timely motion to dismiss, any challenge to the court's personal jurisdiction over the defendants is lost. Rock Rimmon Grange #142, Inc. v. The Bible Speaks Ministries, Inc., 92 Conn.App.
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