Opinion
(10684)
Argued May 6, 1993
Decision released June 8, 1993
Appeal from the decision by the defendant denying the plaintiff's petition for a recalculation of his disability benefits, brought to the Superior Court in the judicial district of New London, where the court, Teller, J., granted the defendant's motion to dismiss and rendered judgment dismissing the appeal, from which the plaintiff appealed to this court. Reversed; further proceedings.
Richard Singer, pro se, the appellant (plaintiff).
Maria C. Rodriguez, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Charles A. Overend, assistant attorney general, for the appellee (defendant).
The issue in this case is whether the trial court improperly dismissed the plaintiff's administrative appeal by determining that it lacked subject matter jurisdiction due to the plaintiff's failure to have a citation accompany his appeal by certified mail pursuant to General Statutes 4-183 (c)(1).
General Statutes 4-183 (c) provides in relevant part: "Service of the appeal shall be made by (1) United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a sheriff or other officer, or (2) personal service by a proper officer or indifferent person making service in the same manner as complaints are served in ordinary civil actions." (Emphasis added.)
The defendant concedes that our Supreme Court's recent decision in Tolly v. Department of Human Resources, 225 Conn. 13, 621 A.2d 719 (1993), controls the disposition of this case. In Tolly v. Department of Human Resources, supra, 19, our Supreme Court held that service of process of an administrative appeal pursuant to General Statutes 4-183 (c)(1) does not require a citation.
The defendant also concedes that the trial court incorrectly found that the appeal lacked a return date.