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IOVIENO v. COMMISSIONER OF CORRECTION

(14278)

222 Conn. 254 (1992)

MICHAEL IOVIENO v. COMMISSIONER OF CORRECTION

Supreme Court of Connecticut.

Decision released June 2, 1992.

Attorney(s) appearing for the Case

Carolyn Koch, with whom were Pamela Mitchell and, on the brief, James Moreno, for the plaintiff in error.

Mitchell S. Brody, assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Christopher Alexy, assistant state's attorney, for the defendant in error.

PETERS, C. J., SHEA, GLASS, COVELLO and SANTANIELLO, JS.

SANTANIELLO, J.

The dispositive issue in this appeal is whether, pursuant to General Statutes § 52-470 (b),1 a habeas court has discretion to consider an untimely filed petition for certification to appeal. We conclude that under the factual circumstances of this case, the statute does not authorize any such discretion.

The underlying facts are established by the habeas court's memorandum...

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