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Procedural Background
This case was tried in Hartford, Connecticut, on January 6,
2003. Respondent’s opening brief was due April 7, 2003, and
petitioner’s answering brief was due June 5, 2003. On April 7,
2003, respondent filed his brief with the Court.
Petitioner filed five motions for extension of time to file
his answering brief. These motions included three requests for
extensions to obtain and review the trial transcript, a fourth
request for extension because he did not receive notice of the
granting of the request for the third extension until 2 days
before the third extended due date, and a fifth request for
extension pending adjudication of certain motions that petitioner
stated “are concurrently being submitted to the Court in separate
envelopes” but have never been received by the Court. The Court
granted the first four of these motions, thereby extending the
due date of petitioner’s brief from June 5 to November 20, 2003.
The Court’s order of November 5, 2003, denying petitioner’s
fifth motion filed November 3, 2003, was served by certified mail
on petitioner at his specified mailing address, P.O. Box 210,
Greenwich, Connecticut (the post office box address), and was
returned unclaimed on November 28, 2003. Petitioner did not
notify the Court of any change of his mailing address. On
January 20, 2004, the Court ordered that a copy of the
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Last modified: May 25, 2011