Even if this claim were properly before us, we would decline to entertain the merits of Vaccaro's claim of recusal on appeal in light of the fact that Vaccaro never properly raised the issue of recusal to the commissioner. See State v. $7379.54 United States Currency , 80 Conn. App. 471, 472โ73 n.2, 844 A.2d 220 (2003) (stating well settled rule that appellate courts ordinarily will decline to review on appeal claim that trier should have recused itself if no such request was made at trial); Cummings v. Twin Tool Mfg. Co. , 40 Conn. App. 36, 45โ47, 668 A.2d 1346 (1996) (applying rule in workersโ compensation appeal).Second, Vaccaro argues for the first time before this court that the March 22, 2016 hearing should have been stayed because the question of the commissioner's subject matter jurisdiction was pending before this court.
(Internal quotation marks omitted.) State v. $7379.54 United States Currency , 80 Conn. App. 471, 476, 844 A.2d 220 (2003). Common sense similarly dictates that inattention and confusion are not necessarily indicative of a mental disease or defect.
Our review of factual determinations is limited to whether those findings are clearly erroneous. Practice Book ยง 60-5; State v. $7379.54 United States Currency, 80 Conn. App. 471, 474-75, 844 A.2d 220 (2003). We must defer to the trier of fact's assessment of the credibility of the witnesses, which is made on the basis of its firsthand observation of their conduct, demeanor and attitude.
Garrett's Appeal from Probate, 44 Conn.Sup. 169, 186, 677 A.2d 1000 (1994), aff'd, 237 Conn. 233, 676 A.2d 394 (1996)." State v. $7379.54 United States Currency, 80 Conn.App. 471, 476-77 (2003). The parents of this child were never married.
" (Emphasis in original; internal quotations marks omitted.) State v. $7,379.54 United States Currency, 80 Conn.App. 471, 475, 844 A.2d 220 (2003), citing Charlton v. Commission of Correction, 51 Conn.App. 87, 90, 719 A.2d 1205 (1998), cert. denied, 247 Conn. 961, 723 A.2d 815 (1999). The guilt or innocence of the owner of the vehicle is not in issue in an action in rem for forfeiture of an automobile.
Garrett's Appeal from Probate, 44 Conn.Sup. 169, 186, 677 A.2d 1000 (1994), aff'd, 237 Conn. 233, 676 A.2d 394 (1996)." State v. $7379.54 United States Currency, 80 Conn.App. 471, 476-77 (2003).I.A. PROCEDURAL HISTORY