(Internal quotation marks omitted.) Paluha v. Braverman Group, LLC, 80 Conn.App. 620, 627–28, 836 A.2d 1219 (2003).The defendants filed a memorandum of law in support of the acceptance of the referee's first report; they set forth their position that the default rule in DiLullo applied to bar liability.

The department’s participation in this appeal as an appellee is proper pursuant to Practice Book § 60-4, which defines an appellee to mean "all other parties in the trial court at the time of judgment, unless after judgment the matter was withdrawn as to them or unless a motion for permission not to participate in the appeal has been granted by the court." See also Paluha v. Braverman Group, LLC, 80 Conn. App. 620, 621 n.1, 836 A.2d 1219 (2003) (noting that defendant against whom no judgment had been rendered "joined the remaining defendants in the brief filed in this appeal" pursuant to Practice Book § 60-4). In this opinion, however, our references to the defendants are to the city and the board only.