CREST PONTIAC CADILLAC, INC. v. HADLEY

(15502), (15503)

239 Conn. 437 (1996)

CREST PONTIAC CADILLAC, INC., ET AL. v. NANCY HADLEY, COMMISSIONER OF MOTOR VEHICLES, ET AL.

Supreme Court of Connecticut.

Officially released December 10, 1996.


Attorney(s) appearing for the Case

Vincent F. Sabatini, with whom were Sandra Rachel Baker and David E. Kamins, for the appellants (plaintiffs). Priscilla J. Green, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellees (named defendant et al.).

Job Taylor III, pro hac vice, with whom were Marcella Hourihane, Eric A. Richardson, pro hac vice, and, on the brief, Louise M. Zeitzew, pro hac vice, Michael K. Brown, Thomas L. Casagrande and Isabel E. Chenoweth, for the appellee (defendant Mazda Motor of America, Inc.).

Borden, Katz, Palmer, McDonald and Peters, JS.


KATZ, J.

The dispositive issue in this appeal is whether the mailing provisions of General Statutes § 4-180 (c)1 are mandatory, such that an agency's failure to abide by those provisions tolls the time period in which an appeal of that agency's decision must be filed. We conclude that the mailing provisions of § 4-180 (c) are directory in nature, and that, where timely actual notice...

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