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FILING CODE: M63
SUPERIOR COURT

INNHC~-~
DISCIPUNARY COUNSEL

JUDICIAL DISTRICT OF HAVEN NEW

i VS.

I JOSEPH CHIARLLI January 21. 2010
I APPLICATl'ON FOR PLACEMENT OF ATTORNEY ON SUSPENSION OR INACTIVE STATUS AND APPOINTMENT. Of TRUSTEE

PURSUANT TO PRACTICEl3POK §§ 2..58 Et. Seq.
To the Superior Court within and for the Judicial Otstct of New Haven, now in
session, comes now the Disciplinary Counsel, duly appointed and qualified and acting j
accrdance with the powers vested in saki office by

Practice Book Secton 2-34A. and

2-58 et seq., and makes request to 1his Court that Joseph ChlarelU an attorney who has

an offce address at 2114 Whitney Avenue, Hamden, Connecticut is incapacitated and unable to pracUee law by reason of physical or mentaUnfirmíty or ilness and should be
suspended or placed on inactive status unless and until his physical or mental

condìtìons improve and he is frt practice law, In support of thìs peUtion, the Petitioner
avers as follows:

1

Offce of Chief Disciplinary Counsel
Juris 422382
100 Washington Stret

I Harford, CT06106

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OLIVECREST

PAGE 04/118

A 1.

Joseph Chiarell (hereinafter Respondent), juris number 009337, was duly

admitted as a member of the bar of the State of Conneccut on
September 21, 1971.

¡ :b 2.
I

Respondent Chiarell has reported in open court that he is ii, and that two
dodors have given him medical advice agaìnst his appearance in court
and agaínst trying cases. (See transcript of court proceedings on Janu8'Y '

14,2010 attached hereto as ExhibìtA.)

A3.
r-~ At ß

Nevertheless, Chiarell contÎnues~o attempt t~represent clients in both
civil matters and criminal cases. (See motion for continuance, Exhibit B

14 c~f, ~ Ndt1 I '21- \~,
4.

d A ~'f_

attached hereto, seeking to delay trial of a case that has already been

delayed and is being tried on half-days to accommodate Chiarell so that
he can appear in Meriden criminal court)
1 I

Petitioner Disciplinary Counsel feels that this matter is an appropriate one I
L

for Respondent to be placed on inactve status unless and until his ..
physical and mental health conditions ìmprove to the extent that he can

return to th practice of law in such manner as to n01 prejudice the
interests of his clients and/or impede the orderly proceedings of the trial

I

courts.

WHEREFORE. Petitioner prays that a medieal ex.amination of the Respondent be
ordered, and thai an Order placing the Respondent on Inactive Status enter, that an

Offce ofChiefDisdplin,ar Counsel.

Jurs 4223gi 100 Washington Street Harford, CT 06106

01/29/2010 12: 25

203-288-7951

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attorney be appointed as trstee to protect the interests of Respondent's dients. to
inventory his files, all in accrdance with Sections 2-56 at. seq. of the Practice BOOK. ..
Dated at Hartord,. Connecticut this J~Ì\kJary 21 ~ 2Q 1 O.

Chief Disciplinary Counsel

By:

./f....
ark A. Dub is Office of Chief Disciplinary Counsel Juris No. 422382

100 Washington Street
Hartrd. Connecticut 06106

phone (860) 706-5055
fax (B60) 706-5063

Please enter the appearance

of the

¡ Offc~of ~hief Disciplinari Coun5~1 for
.' Apphcant in t~;:a~:ve_entlt!ed action.

i/'~ . I .iil :i /.
,,! ."" .t;
...,..:. .

Mark A. riubois Ofce of Chief Disciplinary Counsel Juns No. 422382

100 Washington Street Hartord, Connecicut 06106
phone (860) 706-5055
fax (860) 706-5063

!

31

Office of Chief Disciplinary Counsel

Jwis422382
100 Washington Street Hartord, CT 06106

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. .......,........,.¥. '. .....

THE CHIARELLI LAW FIRM, LLC

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CHEL BUILIN.... .... 3I WHI AVENE
.

LAUREL SQARE ~ .

EXHIBIT A
EXHIBIT

A

EXHIBIT A
EXHIBIT A

EXHIBIT A
EXHIBIT A.

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NO: FA-08 4030850
DAVID FUSCO

SUPERIOR COURT

~~DICIAL DISTRICT OF NEW HAVEN
P.T NFW HAVEN, CONNECTICUT

Iv.
ANITRA FUSCO

JANUARY 14, 20J.0

.:)

.~,
BEFORE THE HONORABLE fl. A. ABERY-WETSTONE, ,~

~¡a

APPEARANCES
Representing the Plaintif~&~:

ATTORNEY JOSEPH CHIARELLI --_I\li.f.~!l~1f

Representing the Defendantll:

ATTORNEY MICHAEL E. RIZZO -- ~~~iI

Representing the minor chi.ld (rent:
ATTORNY THOMS A. ESPOSITO

Reported By:
Name

Ju 0\ of NéW Hav SUPEftlOR COURT 'FILED
JAM 19 1.910

TranscZ'ìbed By:
J. Lanef::ki

Certified Court Reporter

235 Church St..
New Haven, GT

CHIEF CLERKS OffCE

(* J

(2 J

1

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2 3
4 5

PROCEEDINGS;

THE COURT: Fusco versus Fusco.

MR. CHIARELLI: Ready.
t-lR. RIZZO:

It.' s ready, your Honor.

THE CLERK:

6
7

THE COURT:

l1R. RIZZO:

don't have the GA. We need the guardian. He's not present at the motr~m. ".
Judge,
we

still

B (Aside.)
9

THE CLERK: He is here. He was just in Fam.ily

10
11

Relations.
THE COURT: Right. We'11 have to pass that,
then; and that's all Fusco.

12 13
14

THE CLERK: Yes.
MR. CHIARELLI: Judge, can I address a
preliminary matter to yOU?

15

16
17 18

THE COURT: A --

MR. CHIARELLI: On

THE COURT: -- preliminary matter on Fusco--

19

MR. CHIARELLI: Yes.
THE COURT: -- without the -MR. CHI~..ELLI: On --

20 21
22

THE COURT: -- guardian

23
24.

MR. CHIARELLI: ~- Fusco.
THE COURT: -- here?

25

MR. CHIARELLI: Well,
wants us to do about this

it' 5 j list what the Court
case.
We're on trial in

¡

I

front of Judge Kenefick, and about. 90 percent of what I

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--'

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I have to present, he already knows; and l d have to

be -- anything we do today, if you're going to hear
the case, is going to have to be presented to him all

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4

over again.
THE COURT: No, no. I'm not hearing the case.

5
6

MR. CHIARELLI$: Oh. Ohi okay. I'm sorry.
THE COURT: We're going to

7
8
Q "'

try and set"es.to
Thank you, Judge.

finish the trial.
MR. CHIARELLI: Oh. Okay.

10

MR. RIZZO: Your Honor, if I may respond brie.fly.

11
12

I know the guardian isn't here, but I have a witness
here -- a m.ental health professional -- who is

13
14

charging by the hour. r f 1'm hearing that we are
going to do any evidence today --

not I
~

15

THE COURT: No.
MR. RIZZO: We're not ruling on motions today?

16
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. THE COURT: No.
MR. RIZZO: 'I-hen I would like to release my

18
19

witness. 20 ¡ THE COURT: You may.

21 I (The Court addressed other matters.)
22
23
24
THE COURT: Continue to be on trial in front of

Judge Kenefick. How many more trial days are

required?
MR. RIZZO: That's a good question, your Honor;

25

26
27

and for the record, the last time we had evidence in
this case \Vas in JUly; and, at. that point, I believe

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we had had nine days of evidence.
MR. CHIARELLI: I thought it was 10; or ir.aybe it

2
3
4.

was eight.
MR. RIZZO: It could have

been 10; and Mr.

5

Chiarelli had
(Sound of microphone being impacted.)

6
7 8 9

MR. RIZZO: -- the Plaintiff on the st:,andwe
had a police officer here and a few other witnesses.
So, in nine days, we haven't accomplished much;

and,

10 11 12

as I statedr that was in July.

So, i have no idea how long Mr. Chiarelli's case I
witness so far who is not finished.
Now

I

is going to take, since he's only had one principal i
I

13 14 15

THE COURT: You had one witness on the stand for
nine days?

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17
18

MR. RIZZO: One person.
MR. CHIARELLI: That isn't true.

19 20
21

MR. RIZZO: Well, no, no. He had
MR. CHIARELLI: Well, he says
MR. RIZZO: -- his

22
23
24

MR. CHIARELLI: -- anything he wants.

MR. RIZZO: He had his client on the stand, and

he had a side issue that vias heard involvtng a police
officer and some marshals in this building over an
incident that occurred during the trial; but as for

25 26
27

the trial -- the substance of the trial -- I believe
J I

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i t s only been Mr. Fusco.

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THE COURT: How many days de you need to put on
your case?

MR. RIZZO: 1 have no idea until I get some idea ¡
of what his case is going to be.

5

6
7 8 9

THE COURT: Attorney --

MR. CHIARELLI: Judge -THE COURT: -- Chiarelli

..~~

MR. CHIARELLI: -- CQuld we
THE COURT: -- how much more time do you need"?
.
¡ I

10
11 12

MR. CHIARELLI: Judge, could we address allef
this to Judge Kenefick, because he knows what all of

13
14

I

the issues are. You know, he just gave you a lot of

i

double talk abòut the history of this case. Judge
Kenefick is familiar with it., and he runs a tight

15

16
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case, and he's going to

I'm sure he's going to

schedule it so the case is gcing to get over in very

10

short ord.er.
What I'd really like to do is see Judge
Kenefick; all matters be referred to Judge Kenefick
so we -(Sound of microphone being impacted.)

19 20

21 22

23
24

MR. CHIARELLI: -- don't have to keep coming back

here for short calendar assignments, because I think ultimately he's the one who's got to sche
going to hear it, he can schedule it alL.
if he's

25

26
27

THE COURT: No. I have to heai: --

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MR. CHIARELLI: Oh, okay.
THE COURT: -- how -MR. CHIARELLI: I'm sorry.
THE COURT: -- we r re going to do the scheduling.

2 3
4

5
6 7

At one point, Attorney Chiarelli, you indicated to
this Court that you were not able to try cases all

day long

--

g
9

MR. CHIARELLI: Ye s .
THE COURT: -- and we need to find out what we
need to do to accormnodate your disability.

10

11 i (Sound of microphone being impacted.).

12 I . MR. CHIARLLI: Yes.
13 I MR. RIZZO: Your Honor, if I may interrupt,
14
15
because I want to make it clear on the record --

MR. CHIARELLI: I
MR. RIZZO: -- to
MR. CHIARELLI: -- was

16
i 1

18

~~. RIZZO: -- this -MR. CHIARELLI: -- going
MR. RIZZO: -- Court -MR. CHIARELLI: -- to answer you r Judge, but he

19

20 21
22

interrupted again. So, 1'11 wait for the

23 24
25

interruption.
MR. RIZZO: We are here today because Mr. I
Chiarelli filed an emergency motion to modify custody J

26
27

ex parte, ànd he appeared here I believe it was
December 22nd; called my office --

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MR. CHIARELLI: Well, do you want to argue these

motions -THE COURT; What -MR. CHIARELL I: -- and

5
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B

MR. RIZZO: -- and
MR. CHIARELLI: -- want
MR.

MR.
MR.

9

-- before CHIARELLI~ -- us to RIZZO: -- I _.RIZZO:

...

10 11 12

MR. CHIA£'ELLI :

-- argue
had

HR. RIZZO:

--

MR. CHIARELLI:

-- the

13 MR. RIZZO: -- an -l4 MR. CHIARELLI: ._- mot.ions

15 MR. RIZZO:-- opportunity 16 HR. CHIARELLI: -- Judge?
17 (Sound of microphone being impacted.)

18 MR. CHIARELLI: (indiscernible) argue?

19 THE COURT: Just let him finish.
20 MR. CHIARELLI: He's just going to give you his

21 distorted view or
22 THE COURT:

I

23 MR. CHIARELLI: -- his -24 25 26 27 THE MR. THE MR. COURT: -- really -CHIARELLI: -- interp COURT: -- don't care. CHIARELLI: Okay.
_J

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THE COURT: What I need to do today is to find
out precisely what accomtnodations the Court has to

3
4

make for Hr. Chiarelli so this case can be tried as

quickly as possible. i
MR. R!ZZO: I don't believe the Court has to make!

J

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6 7
8 9

any accommodations, your Honor, but that's only my

opinion.
THE COURT:
MR. RIZZO:

~-t.
I

I
under

10
11

THE COURT:
MR. RIZZO:

believe -stand that's
T .J

12 13
14

THE COURT:
MR. RIZZO:

-your

THE COURT;
MR.

15

RIZZO:

belie -opinion
I

16
17

THE COURT:

MR. RIZZO:

-ahd

18
19

THE COURT:

MR. RIZZO: THE COURT:

belie -that's why II masking r1r.

20

21 Chiarelli what his doctor has ad'7ised him and what

22 his physical limitations are.
23 MR. CHIARELLI: My doctor doesn't
24 (Sound of microphone being impacted.)

25 MR. CHIARELLI: -- want me here at all, but I'm
26
27
willing to come ha.lf da.ys. I don't want to lose

these trial dates that we've already had. This man

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4

wants to get this case over with. So, that's what ¡
I'm trying to do. I'm trying to get it over with for!!

him.
THE COURT.: ¡-fell i for the record, would it be

5 6 7
B

accurat,e, then, to say that your doctor has advised

you not to come to court, period?

MR~ CHIARELLI: Yes~ Yes.
THE COURT: And it's adverse
MR. cHiARELLI: I'm a very sick guy.

~""~.

9

10
11

THE COURT: I understand that, and it

MR. CHIARELLI: Yes.
THE COURT: --would be adverse to your health to
be in court?

12 13 14

MR. CHIARELLI: Yes, but I'm willing to corne. I

15 16
17

want to help the Court get this case over with. T
don't want to give this headache to another

lawyer

and to another judge. So, that's why r keep coming

18

here and r keep trying to facil;itate the disposition
of this case.

19
20 21 22 23
24
2S

MR. RIZZO; With ex parte motions for custody?
MR. CHIARELLI: Well, it was absolutely -- the

guy came over -- my house. He had tears in his eyes.
MR. RIZZO: Are we going to argue the motion?
MR. CHI~IfELLI: So,. that's why --

THE COURT: No.
MR. CHIARELLI:

26
27

1--

THE COURT: You're not arguing

__J

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MR. CHIARELLI: -- came.
THE COURT = -- the motion in front of me.
All right .

2

3
4

Soi you can work how many hours a

day?

5
6 7
8 9

MR. CHIALLI; Well.. usually around 12 = 00

or clock, I get -- you know, I start having a lot of trouble. So, I would like to try cases Llp.."i!ñ'tiJl: 00
Of clock each day.
THE COURT: Well, we're going to make an
exception for this case, Mr. Chiarelli, be --

10
11 12 13
14

MR. CHIARLLI: Oh -THE COURT: -- cause

MR. CHIALLI: -- r appreciate
THE COURT: -- I -l1R. CHIARELLI: -- that

15

16
i7
16

THE COURT: -- am -MR. CHIARELLI: -- Judge.

THE COURT: I am very concerneô by your statement

19
20

as an officer of the Court that your doctor has

advised you not to try cases. I certainly will allow
Mr. Fusco to obtain substitute counsel. I don't want
to put your: health at risk.

21
22

23
24

MR. CHIARELLI: Yes.
THE COURT:

So,

it -I appreciate

25

MR. CHIARELLI:

that, Judge.

I

26
27

THE COURT:

So, you can --

MR. CHIARELLI ~ And

it's

more than one doctor,

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and they say that I shouldn't be coming to court.

2 3
4

THE COURT: Then for purposes of the Fusco case

only, based on your representation that you should
not be in cou:it at all and with the hesitancy that I

5
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'9

don't want anything adverse to happen to your health;
but if you insist on completing this trial, I'm

asking you to see Case Flow and get the ve~e:it.
available dates in front of Judge Kenefick, and we'11
do half days for a week or two weeks oi: however long

10
11

it takes to finish this trial.

MR. RIZZO: Consecutive days, yöur Honor?

12 13 14
"' .!.:

THE COURT: If possible; yes. 1-MR. CHIARELLI: Judge --

THE COURT: -- will step off the bench and ask

Case Flow to move whatever else J~dge Kenefick has.
MR. RIZZO: But, your Honor, if I'm hearing the

16
17
18

Court correctly, just so ! understand. Mr. Chiarelli
is going to work half days on this case¡ and on his other cases, there's no limitation?
THE COURT: He's told me that his doctors have
indicated to him he should not be in court at all.

19 20

21

22
23
24

MR. RIZZO; Does that mean

but that

THE COURT: I am quite he5i tant to put. any

lawyer's health and welfare at risk by requiring them
to come to court.
J MR.

25

26
27

RIZZO: My point,. though,. is if he can pu.t in

I
full days on other cases, if

L_.

that' s what we'__~~~

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talking about here! then I don't see why there should

be an exception here.
MR. CHIP..ELLI: ¥oul"re making unwarranted

assum.ptions.
MR. RIZZO: ¡'m hear -- you're -i"1R. CHIARLLI: Judge i I have a --

5 6
7

THE COURT: I --

..~-

8

MR. CHIARELLI: -- rea 1
THE COURT: -- haventt --

9

10

MR. CHIARELLI: -- issue l d

11 TH.E COURT: -- seen-12 MR. CHIARELLI: -- like

13 THE COURT: -- him put a full day in court since
14 September -15 MR. CHIARELliI: Yes.

16 THE COURT: -- and if I am aware of him putting

17 full days in court, you could bring that to
ia MR. RIZZO; Thank --

19 THE COURT: the-20 MR. RIZZO: you, your Honor. 21 THE COURT; Court's attentioh.

22 MR. RIZZO; 'That's all lwanted to know.
23 ' THE COURT: I am going on his representation as

24 an offi.cer of the Court that his doctor or doctors

25 multiple have told him -26 (Sound of microphone being impacted.)

27 THE COURT: -- he shouldn't be trying cases at

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all; period.
i

However, he is a dedicated lawyer, and 1

2

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he wishes to

3
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! (Sound of microphone being impacted.)
j

THE COURT: -- finish this trial. So, I am
accomIodating him for

5
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7
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this trial only. I do not wish

to put Attorney Chia;r;ellF s continued health at risk.

i

So, in future trials, they might not happ~'-"

8 (Sound of microphone being impacted.)

9 THE COURT: -- with Attorney Chiarelli because
10
11 12
13
14

they're not in a middle of a trial. 00 you

understand that?
MR. RIZZO: Do I understand you?
THE COURT: I/11 allow him to finish this trial

be
MR. RIZZO: Absolutely
THE COURT:

15 16
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cause T

MR. RIZZO: THE COURT:

Judge.
don't want nine days --

is
19

MR~ RIZZO: I absolutely -THE COURT:

20
21

of these

todR. RIZZO:
THE COURT:

a -peoples' money to go down the

22 23
24

tubes.
MR. RIZZO: ! absolutely

understand, your Honor.

25

I just --

26
27

MR. CHIARELLI: So, Judge, I have a real -MR. RIZZO: -- don't --

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MR. CHIARELLI: -- issue
MR. RIZZO. -- buy it.

2
3
4

MR. CHIARELLI: -- that I'd like to address to
you. M.y opponent indicated to .Judge

5 (Sound of microphone being impacted.)

6 MR. CHIARELLI: -- Kene£ick that he would bring
7 Mr. Martino to court and it wasn't necess~irfar~e
8 to subpoena Mr. Martino. 1 asked him if he will 9 bring Mr. Hartino to court. He responded in the

10 negative. So, is he going to keep his~.yrq to Judge
11 Kenefick? You know, I'd like to have Mr. Martino
12 here when I need him.

13 MR. RIZZO: Judge
14 THE COURT:

That' s an issue you should take up

15 wìth Judge -16 (Sound of microphone being impacted.)

17 THE COURT: -- Kenefick.
18 MR. CHIAELLI: Okay. I wilL. Thank you.

20 All

19 THE COURT: Okay?

21 MR. RIZZO: Your -~

22 THE COURT: right. 23 MR. RIZZO: Honor, we're to pick dates, your

24 Honor?
25 THE COURT: Pm going to step off the bench to

26 talk to Case Flow so you can pick dates.
27 MR.

ESPOSITO: krid, your Honor, are you marking

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off the hearing that was scheduled on the ex parte motion for today?

I

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rlHE COURT: Yes.

MR. ESPOSITO: Okay.
MR. RIZZO~ What happens to the ex parte motion?

5 6 7 8 9

Is it going to be denied with prejudice?
MR. CHIARELLI: Well, Judge, I would _....
THE COURT; It' s going to be heard with the

triaL.
MR. CHIARELLI: Yes.
THE COURT: I will schedule the trial as soon as

10

11
12

possible. The next available date for Judge Kenefick
will be given by you. So, if her s available tomorrow
and you're all available, that's the date you'

13 14

11 get.

15 16
17

MR. CHIARELLI: Okay. Thank you, Judge.

That's -MR. RIZZO: Thank--MR .

18

CHIARELLI : -- the

19
20 21 22

MR. RIZZO: -- you
MR. CHIARELLI: -- way

MR. RIZZO:-- Judge.
MR. CHIARELLI: -- I understood it, too.

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THE COURT: So, we're going to expedite this as

quickly as possible.
MR. CHIARELLI: Yes.
THE COURT: All right?

25

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Short recess, so ¡ can talk to Case Flow.

01/29/2010 16: ~4

2~3-2cll:l- l:lbl

ULl Vt.L:t't.::1

t"AI.c. 101 1 :i

15
1

'iiiE MARSHJ\L: All rise. The Court stands in a

2 short recess.
3 (The matter concluded.)
4
i: ..

. (Recess. )

6

., ,

~

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_J

Ø1/29/2Ø1Ø 16: Ø4 2Ø3-2BB-7961

OLIVECREST

t-Al.l: 1 (11 ':

NO: FA-08 4030850
DAVID FOSCO
;r .

SOPE'~RIOR COORT

JUDICIAL DISTRICT
OF NEW H.iWEN

AT NEW HAVEN1 CONNECTICUT
JANUARY 14, 2010

Po.NITRA FUSCO

CERTiprCATION

-"~.

I hereby certífy m;.~i~~~~'f~.~~~~~1l~/~;li~!ii:~~eW~íl

~*,i!~ a true and correct transcription of the stenographic
notes of the above-referenced casei heard in Superior Court,
Judicial District of New Haven f New Haven, Connecticut, before

the Honorable H. A. Abe.rY-Wet5tone,,~.li~, on t.he 14th day of

Januaryi 2ûl0.
i

Dated this 15th da:'i of

Januaryi 2010 in New Haven,

Connecticu t .

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:r. Lanefski
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