Opinion
No. (AC 25277).
Submitted on briefs January 7, 2005.
Officially released February 22, 2005.
Appeal from the decision by the defendant ordering the plaintiff to pay restitution and assessing a civil penalty against him in connection with a certain escrow agreement, brought to the Superior Court in the judicial district of New Britain and tried to the court, Owens, J.; judgment affirming the defendant's decision, from which the plaintiff appealed to this court. Affirmed.
Richard E. Hayber filed a brief for the appellant (plaintiff).
Richard Blumenthal, attorney general, and Alan N. Ponanski, assistant attorney general, filed a brief for the appellee (defendant).
Opinion
The plaintiff, Eugene A. Hayber, appeals from the judgment of the trial court, which affirmed the decision of the defendant, the department of consumer protection, real estate commission, ordering him to pay restitution, in the amount of $16,000 with interest, to third parties, and to pay a civil penalty of $2000. The plaintiff claims that the court improperly concluded that his failure to disburse funds that he was holding in escrow was improper absent proof that the parties to the escrow agreement had authorized in writing the disbursal of such funds. The plaintiff also claims that the court improperly concluded that he was not a party to the escrow agreement at issue in this case. We disagree with the plaintiffs claims.