DOCKET NO.: HHB-CV14-6026730 SUPERIOR COURT COMMISSIONER, STATE OF CONNECTICUT DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION J.D. OF NEW BRTIAIN AT NEW BRITAIN vs. SCOTT LAZUREK, ET AL. : NOVEMBER 6, 2014 DEFENDANT SCOTT LAZUREK’S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TERMINATE STAY I. PRELIMINARY STATEMENT This case is an administrative appeal that stems from the defendant Board of Firearms Permit Examiners’ (the “Board”) vote to reinstate the firearms permit of Mr. Lazurek, based on the Board’s determination that Mr. Lazurek is a “suitable person” to hold a firearms permit. The plaintiff appealed the Board’s decision to the Court, and immediately sought a stay of the Board’s decision, which was summarily granted ex- parte without providing either defendant an opportunity to oppose the stay or otherwise be heard on the matter. Because the likelihood that plaintiff will prevail on this appeal is decidedly minimal, and because the harm to Mr. Lazurek is undoubtedly significant, plaintiff’s Motion for Stay, dated September 12, 2014 [Docket Entry No. 101.00], should have been denied and the stay now in effect should be terminated and/or lifted.I, PLAINTIFF'S COMPLAINT In its complaint, plaintiff has alleged that, on June 2, 2013, Mr. Lazurek was walking on the boardwalk in West Haven “with an exposed loaded pistol” on his hip. Complaint {1 5-6. Thereafter, two (2) uniformed West Haven police officers approached plaintiff and requested that Mr. Lazurek and his friend produce their pistol permits. Id. 17. Mr. Lazurek declined the officers’ request; id.; which prompted the officers to place Mr. Lazurek under arrest for interfering with an officer, in violation of General Statutes § 53a-167a. Id. 94 8-9. On June 27, 2013, the Commissioner of Public Safety revoked Mr. Lazurek’s pistol permit. Id. 410. On or about July 9, 2013, the resultant criminal charges against Mr. Lazurek were dismissed. Id. 4 11. on August 16, 2013, Mr. Lazurek filed an appeal of the revocation of his pistol permit to the Board. Id. 112. Thereafter, on June 24, 2014, the Board held a hearing on Mr. Lazurek’s appeal, during which Mr. Lazurek admitted to openly carrying his loaded firearm on the West Haven boardwalk. Id. 113. Mr. Lazurek further stated that, if faced with substantially the same circumstances as those of June 2, 2013, he would agains refuse to produce his permit to a requesting officer. Id. 4 14. Following the hearing, the Board issued written decision, reinstating Mr. Lazurek’s pistol permit. Id. 4 13.IM. PROCEDURAL POSTURE Plaintiff instituted this administrative appeal on September 12, 2014, pursuant to General Statutes §§ 29-32b(f) and 4-183. On the same date this appeal was filed, plaintiff moved the Court to a stay the enforcement of the Board’s order, reinstating Mr. Lazurek’s pistol permit. On September 12, 2014, plaintiff also submitted an application for an order to show cause [Docket Entry No. 102.00), appended to which was a proposed order. Thereafter, on October 3, 2014, the Court granted plaintiff’s stay, “absent objection” [Docket Entry No. 101.01]. IV. ARGUMENT A. MR. LAZUREK WAS NOT AFFORDED AN OPPORTUNITY TO BE HEARD ON PLAINTIFF'S MOTION FOR STAY Mr. Lazurek was not afforded an opportunity to be heard on plaintiff’s motion to stay. As detailed above, see supra Part III, plaintiff moved the Court for a stay of enforcement of the Board’s order. In connection with that motion, plaintiff also applied for an order to show cause why plaintiff’s motion for stay should not be granted. Attached to such application was a proposed order that contained blank spaces for the Court, its clerk or plaintiff to fill in the date, time and courtroom number of the show cause hearing [see Docket Entry No. 102.00 at 3).