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RETIREMENT PROGRAM FOR EMPLOYEES v. MADOFF

No. 32216.

26 A.3d 93 (2011)

130 Conn.App. 710

RETIREMENT PROGRAM FOR EMPLOYEES OF the TOWN OF FAIRFIELD et al. v. Bernard L. MADOFF et al.

Appellate Court of Connecticut.

Decided August 16, 2011.

Attorney(s) appearing for the Case

Richard C. Robinson , with whom were Megan Youngling Carannante , Hartford, and, on the brief, David S. Golub , Stamford, for the appellants (plaintiffs).

Stanley A. Twardy, Jr. , with whom were Thomas D. Goldberg , Stamford, and, on the brief, Daniel J. Fetterman , pro hac vice, and Adam K. Grant , pro hac vice, for the appellee (defendant Jeffrey H. Tucker).

Stanley A. Twardy, Jr. , Stamford, with whom were Frank J. Silvestri, Jr. , and, on the brief, Madeleine F. Grossman , Westport, Glenn M. Kurtz , pro hac vice, and Andrew W. Hammond , pro hac vice, for the appellee (defendant Walter M. Noel, Jr.).

H. Daniel Pickerstein , with whom, on the brief, were Daniel J. Klau , Hartford, Charles T. Spada , pro hac vice, and Jeannie Rose Rubin , pro hac vice, for the appellee (defendant Peter B. Madoff).

BISHOP, ROBINSON and PETERS, Js.

BISHOP, J.

The plaintiffs, the town of Fairfield and two employee retirement programs,1 appeal from the trial court's judgment granting the motions to dismiss filed by the defendants Walter M. Noel, Jr., Jeffrey H. Tucker and Peter B. Madoff.2 On appeal, the plaintiffs claim that the court improperly concluded that it lacked subject matter jurisdiction on the ground that the plaintiffs' claims were derivative...

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