Opinion
No. CV09-4003171
January 18, 2011
MEMORANDUM OF DECISION
The petitioner has filed a notice, in accordance with Practice Book § 64-1(b), indicating that this court has not filed a memorandum of decision. See Practice Book § 64-1(a). The following constitutes the court's memorandum of decision.
The respondent's motion for summary judgment was granted on August 2, 2010, on the grounds asserted in the respondent's memorandum in support of the motion for summary judgment. The habeas corpus petition presented a purely legal determination, as there were no facts reasonably in dispute. Neither party requested oral argument in accordance with Practice Book § 11-18(a).
The court notes as a postscript that on September 21, 2010, the Appellate Court released its decision in Figueroa v. Commissioner of Correction, 123 Conn.App. 862, 3 A.3d 202 (2010), which addressed the identical claim the petitioner raised in the instant petition (i.e., due process violation premised on lack of enabling language in public act). Figueroa both encapsulates and underscores this court's grounds for granting summary judgment.
(S. T. Fuger, Jr., J.)