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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 4-183

Citation
Section 4-183
Parent Document
Bittle v. Commissioner of Social Services, 249 Conn. 503 (1999)
Jurisdiction
Connecticut (state)
Effective Date
1999-07-20

Other Sections in This Document (52)

Full Text

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Section 4-183 (d) provides a standard for dismissing appeals when parties other than agencies are not served, or are served with defective papers. This statutory standar d is met upon a showing of actual prejudicial consequences stemming from a failure of service; *522a mere showing of untimely service is not grounds for dismissal. In other words, when a party other than the agency does not receive appeal documents within the prescribed time, an appellant’s right to appeal is not exposed to automatic dismissal based on lack of subject matter jurisdiction.14 We cannot, therefore, as a matter of public policy, raise a jurisdictional barrier against appellants for failing to deliver appeal documents to interested parties within the time prescribed by § 4-183 (c), when the legislature has devised another policy. It follows that we cannot raise the same barrier based on the argument that because the agency did not receive the appeal papers in a timely manner, the interest of other parties compels the policy that we dismiss the *523appeal for having a jurisdictional defect. Under the statute, the interested parties do not have the right to have appeals dismissed for jurisdictional defects when there is an untimely service, and it would be improper to allow interested parties to gain such a right vicariously.