Previously cities included Bridgeport CT and Shelton CT. These concerns were reiterated in United States v. Guerro, 694 F.2d 898, 903 (2 Cir. The proceedings were digitally recorded. In its objection to the motion for summary judgment, 4 Whip contends that the Hopkins affidavit is legally insufficient. Your IP: 1970) (sustaining 18 U.S.C. Unless the issue of personal jurisdiction is raised by a timely motion to dismiss, any challenge to the court's personal jurisdiction over the defendants is lost. Rock Rimmon Grange #142, Inc. v. The Bible Speaks Ministries, Inc., 92 Conn.App. WebThere are 6 other people named Dahill Donofrio on AllPeople. On November 7, 2006, the defendant Dahill Donofrio issued a promissory note in the amount of $620,000, payable to Taylor, and secured the note by mortgaging the premises known as 4 Whipoorwill Lane in the town of Stratford to Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for Taylor. Attached to the Bank's reply are authenticated copies of the exhibits referred to in the second Hopkins affidavit. The court will consider the Hopkins affidavit attached to the Bank's reply memorandum in place of the original Hopkins affidavit attached to the motion for summary judgment in resolving this matter. 891 and 892(b) are constitutional. (a) Whoever makes any extortionate extension of credit, or conspires to do so, shall be fined not more than $10,000 or imprisoned not more than 20 years, or both. The Freedom of Information Commission will hold special meetings during the week of March 3, 2014 through March 7, 2014 at the specific dates and times listed below. Brutnell, a FBI Special Agent acting in an undercover capacity would have testified that he asked D'Onofrio for a loan of $5000 to $10,000, that D'Onofrio said he had to get approval for the loan and sent Brutnell to see Gus Curcio who stated that he needed Francis' approval for a loan of that size, and that Francis later told agent Brutnell he was considering whether to make the loan. This website is using a security service to protect itself from online attacks. Med Offices 1st Fl Dept #130. Vallejo Medical Center. New Haven v. God's Corner Church, Inc., 108 Conn.App. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The email address cannot be subscribed. Professor Tribe has written, American Constitutional Law 718-19 (1978), that outside the area of First Amendment concerns, the Supreme Court will not ordinarily invalidate a statute because some marginal offenses may remain within the scope of a statute's language. But the possibility of such violence would not have been the understanding of the creditor and the debtor at the time the loan was made, as 891(6) requires. [Part A, Motion for Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982. WebDahill A Donofrio (born 1954) is listed at 1869 Main Street Stratford, Ct 06615 and is affiliated with the Democratic Party. Attorney Michael S. Casey appeared on behalf of the respondents. 13 0 obj FN2. New Haven v. God's Corner Church, Inc., 108 Conn.App. Appellants' other constitutional claim with respect to the statute, namely, that it is void for vagueness would seem to stand differently, at least if the claim is read to be, as we think it must, that the statute is so vague as to require nullification even at the instance of a defendant who knew that his actions were within its intended purpose. Specifically, the Bank argues that its evidentiary submissions establish that it satisfied the conditions precedent of the note and mortgage, that the defendants were properly served with process and notice of default, and that the Bank is in possession of the note and mortgage. Webdefendant and her estranged husband, Dahill Donofrio. 1982), over the expansion of the conditional guilty plea from its historic use in preserving contentions collateral to the general issue, such as claims of constitutionally invalid searches, seizures and confessions or of bar by the statute of limitations to guilty pleas that are "subject to a large number and variety of conditions", 684 F.2d at 1071, or "that reserve an extensive number of issues for appeal." Specifically, 4 Whip alleges: (1) failure to comply with the provisions of the note and deed; (2) failure to comply with mandatory conditions precedent to the acceleration of the loan and commencement of suit; (3) failure to provide the requisite notice pursuant to the terms of the note and deed; (4) lack of standing; (5) lack of subject matter jurisdiction; (6) lack of personal jurisdiction; (7) lack of subject matter jurisdiction in that no properly constituted entity owns and holds the [n]ote and/or [m]ortgage in question; and/or that any purported assignment or transfer thereof is ineffective and unenforceable; (8) lack of subject matter jurisdiction in that there is presently no proper party [p]laintiff before the [c]ourt, or if so, said party is not the legal owner of the [n]ote and [m]ortgage; and (9) defectiveness, unenforceability and/or prematurity of the Bank's action as a result of the foregoing special defenses. Dept. David L. Dahill is a family medicine doctor in Vallejo, California and is affiliated with Kaiser Permanente Vallejo Medical Center. The second Hopkins affidavit assert[s] that the affiant [is] employed by the servicing agent for the substitute plaintiff, a relationship strong enough to establish a foundation for the affiant's claims that she [is] familiar with the books and records regarding the defendant's indebtedness. Bank of America, FSB v. Franco, 57 Conn.App. Web3 FREE public records found for Dahill Donofrio in Stratford, CT. FastPeopleSearch results include contact information such as addresses, phone numbers, and email YouTube is a video-sharing website where users can upload and watch videos, subscribe to user channels and leave comments. 1877 (1947), an appeal from the dismissal of an indictment under the Criminal Appeals Act as it then stood, 18 U.S.C. (footnotes omitted). He received his medical degree from William C. Bryson, Atty. Bowman, Westport, Conn., for appellant Dahill D'Onofrio. WebGet Notified when Dahill A Donofrio's info changes Unlock Background Report View Cell Phone Number The landline phone number 2033789125 is registered to Dahill A See also Lefkowitz v. Newsome, 420 U.S. 283, 95 S. Ct. 886, 43 L. Ed. Gilroy Daly of the District Court for Connecticut, from judgments of conviction entered on their guilty pleas. Specifically, the Cook and Hopkins affidavits, along with the copies of the mortgage assignments, establish a chain of title transferring the mortgage and note to the Bank. Robert Cushman appeared on his own behalf. FN4. Your IP: V. 1946), "no refinement or clarification of issues which we can reasonably anticipate would bring into better focus the question of whether the contested section is written so vaguely and indefinitely that one whose conduct it affected could only guess what it meant." The complainant failed to appear. By virtue of a quit claim deed dated and recorded on November 17, 2006, Donofrio transferred an interest in the subject property to 4 Whip. WebThere are 6 other people named Dahill Donofrio on AllPeople. Application of National Broadcasting Co., Inc., 635 F.2d 945, 953 (2 Cir. This is a pastime in which we do not commonly engage, and a district court cannot create so unseemly a role for us. In fact, these questions do not require extensive consideration. Reply Brief, p. 3. May v. Coffey, 291 Conn. 106, 113, 967 A.2d 495 (2009). Instagram is a free photo sharing app which allows users to take a photo, apply a digital filter to it, and then share it on multiple social networking services. Also known as Leonard J D'Onofrio, Leonard Onfrio, Leonard Donotrio, Lenny D Onofrio. Based on the foregoing factors, the present foreclosure action is properly before the court.5 Issues of standing resolved, the court next turns to the Bank's argument that it is entitled to summary judgment as to liability. Case Summary. ") The well established rule is that a summary judgment rendered upon the issue of liability only, without deciding damages, is not a final judgment from which an appeal lies. Balf Co. v. Spera Construction Co., 222 Conn. 211, 212, 608 A.2d 682 (1992). We reach a different conclusion, however, with respect to the propriety of the reservation of the claims that 892(b) works a shifting of the burden of proof in violation of In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. Accordingly, the ninth special defense also fails. It seems that JavaScript is not working in your browser. The Government thus must establish that the defendant understood that his conduct could have the stated consequences. The Bank further contends that the Superior Court properly maintains subject matter jurisdiction over the present matter. Cloudflare Ray ID: 7c0c6578fc39205d In strict theory any extension of credit "could" result in the use of violence or other criminal means to compel repayment; even a churchwarden who had made a non-interest bearing loan for wholly beneficent motives might be provoked into a violent response if the debtor showed no disposition to repay. 1489 (1946), to establish a prima facie case against defendant Francis Curcio in count three. Neither can the evidentiary deficiency be cured by our relying on the prosecutor's proffers at the taking of the pleas and appellants' acquiescence in them. Later it sentenced them, increasing the sentences of Francis and Gus Curcio from the six years recommended by the Government to nine and eight years respectively and of Garcia from one to two years, and decreasing the sentence of D'Onofrio from the four years recommended by the Government to three. KQ6#Su n]sTE[*&QE7Xb`@SzYH0H$4aI kV"0~@9$lIh"(R]1cP%,.Muk k! Q R7qIFyP: )W TF>45&[o6vf fire in rotherham today 5 0 obj 21(a), outside the district, in a continuance, or in both. Find census, military, and other historical records.*. No. Leonard A Donofrio, 66. In contrast, defendants here do not contend that by a suitable statute Congress could not have made criminal the conduct which they have admitted by their guilty pleas. Dahill has lived with Santa in a single family house in Stratford, CT. Search for birth, death, marriage, divorce, US Census, and military records. 54(b)); Cold Metal Process Co. v. United Engineering & Foundry Co., 351 U.S. 445, 452-53, 76 S. Ct. 904, 908-909, 100 L. Ed. Company: SUCCESS INC. Business Number: 536260 Business Address: 4 WHIPPOORWILL Counsel for appellants objects to our considering these, saying that his statement "reflected only a concession that the Government would attempt to offer such evidence--not an admission that the Government's version of the facts was accurate; that all of the proffered testimony would be relevant or admissible; or that appellants had in fact made the statements that the Government indicated that potential trial witnesses would attribute to them." 4 Whip asserts that, by extension, this court lacks subject matter jurisdiction over the matter. ;]:!SX+puA]nm=-J2ZpOPb4U|{J{n;pwXmjX`#vj ktXn85~#h6FSG!L*cnwCDT As said in Menna v. New York, supra, 423 U.S. at 62-63 n. 2, 96 S. Ct. at 242 n. 2, "a counseled plea of guilty is an admission of factual guilt so reliable that, where voluntary and intelligent, it quite validly removed the issue of factual guilt from the case." Westen, Away from Waiver: A Rationale for the Forfeiture of Constitutional Rights in Criminal Procedure, 75 Mich. L. Rev. 892(b) in order to establish a prima facie case " That representation would cover possibilities ranging from the Government's possession of evidence barely sufficient to trigger 892(b) up to cases where the only deficiency was the lack of direct evidence of the creditor's and the debtor's understanding. In order to obtain a conviction under the substantive Count Three, to which Francis Curcio pleaded, by virtue of the Pinkerton rule, the Government would be obliged to tender evidence that would support a conviction under the conspiracy Count One, to which he was permitted not to plead. It was this very approach that was attacked by the dissent, 442 U.S. at 173, 177, 99 S. Ct. at 2233, 2235. Cloudflare Ray ID: 7c0c67540c8d0a9f WebAbbott, Jackie IFS Stratford 203-455-3134 Jessica.Kremer@ct.gov Acosta-Lopez, Angel SD Waterbury 203-805-7466 mallory.valdez@ct.gov Albertie, Mary IFS Danbury 203-448-3506 Shannon.Cooke@ct.gov Renee D'onofrio Kremmer, Jessica Mark LaMadeleine McCarthy Dori 13 (picked up SD CM) Salvo, Roseann 11 Santilli, Margherita 9 Abbie Specifically, 4 Whip argues that the Bank lacks standing to bring the present action because Taylor was not assigned the subject mortgage at the time the action was originally commenced. 2d 205 (1976); United States v. Corr, 543 F.2d 1042, 1050 (2 Cir. Specifically, the Bank argues that it has established a prima facie case for mortgage foreclosure and that 4 Whip's special defenses are legally insufficient. 439 U.S. at 395, 99 S. Ct. at 685. MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. 1982), and the cases cited therein, any or all of the issues raised on appeal were improperly reserved under the conditional guilty plea." FN3. Hardiman and Cray would have testified to a loan from D'Onofrio at 4% interest per week; Francis Curcio discussed the loan with Cray and when Hardiman left town before repaying the debt, Gus Curcio told Cray that he was "hunting for" Hardiman. The Bank moves for summary judgment as to liability on the ground that there is no genuine issue of material fact in the present matter and that it is entitled to judgment as a matter of law. 1375 (1940), had publicly expressed their disapproval with it, and the Court in a subsequent decision had distinguished Gobitis instead of relying on it. NOTICE: The special meeting scheduled in the following matter for March 5, 2014 at 9:30 AM was cancelled. Later, on December 3, 1982, he denied motions of the Curcios for reconsideration of his ruling with respect to pretrial publicity. r walsh certificate of approval for inspections call inspector: bob walsh 203-946-6125. Since we have held that appellants' claims with respect to the constitutionality of 892(b) and Francis Curcio's claim with respect to the constitutionality of the Pinkerton doctrine were improperly reserved by them and have declined to answer these claims, we accede to their requests that we vacate their convictions on conditional pleas of guilty and remand to the district court with instructions to permit the pleas to be withdrawn. Join to view profile Millennium group mgmt. Ellsworth would have testified that Cray had brought him to Gus Curcio and D'Onofrio for a loan, which was made at 4% interest per week (208% per year), and that he believed that Curcio and D'Onofrio would cause him physical harm if he failed to repay. Their name are Joanna D'Onofrio, Richard J Donofrio, and five others. Donofrio issued a promissory note to Taylor on November 7, 2006. Please access this link or contact the Commission for further information. The Court has dealt with the question in six later cases: Brady v. United States, 397 U.S. 742, 90 S. Ct. 1463, 25 L. Ed. WebFor over 20 years, Dahill has provided superior document management hardware and software solutions 8200 W Interstate 10, Ste 400, San Antonio, TX 78230 Additionally, the defendant Connecticut Environmental Control, LLC, is a party to this action by virtue of a contractor's lien recorded on the Stratford land records on May 31, 2007. KUWIrpQI)M}D.0#n)fj6E 891 and 892: 891(6) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person. Click to reveal Unsurprisingly, if a jury is instructed with respect to a "presumption", "the jury instructions will generally be controlling", 442 U.S. at 157-59 n. 16, 99 S. Ct. at 2224-26 n. 16. D'Onofrio, Sr. of Estero, FL, passed away peacefully on June 10, 2011. Moreover, the Bank has established that it is the holder of the subject note and mortgage through its evidentiary submissions. This, as was the claim of prosecutorial misconduct before the grand jury in United States v. Thibadeau, supra, 671 F.2d at 80, is "an issue of constitutional dimension on which an adequate record has been developed". [J]udgment is not completed until damages have been assessed. Tureck v. George, 44 Conn.App. font size. Taylor, Bean & Whitaker Mortgage Corp. v. Dahill A. Donofrio et al. Furthermore, the foreclosing party must demonstrate that all conditions precedent to foreclosure, as mandated by the note and mortgage, have been satisfied. Bank of New York v. Conway, 50 Conn.Sup. The proceedings were digitally recorded. For similar reasons it was an abuse of discretion to permit Francis Curcio to plead guilty to the substantive offense charged in Count Three of the indictment but to reserve the question whether the holding of Pinkerton v. United States, 328 U.S. 640, 645, 648, 66 S. Ct. 1180, 1183, 1184, 90 L. Ed. The other counts charged substantive offenses in violation of 18 U.S.C. See also Amsterdam, The Void for Vagueness Doctrine in the Supreme Court, 109 U. Pa. L. Rev. WebDahill Donofrio is a 1972 graduate of Bunnell High School in Stratford, Connecticut. Attorney Alice M. Sexton appeared on behalf of the respondents. 'Bd} MEs5F4 i/ 2d 777 (1979). Ulster County Court v. Allen, 442 U.S. 140, 157, 99 S. Ct. 2213, 2225, 60 L. Ed. 1265, 1285-86 (1978). Gilroy Daly of the District Court for Connecticut, from judgments of conviction entered on their guilty pleas. On the other side, the prosecution indicated that the proffered evidence was not all that it had available. Each meeting will be held in the Freedom of Information Hearing Room, First Floor, 18-20 Trinity Street, Hartford, Connecticut, for the purpose of conducting a hearing concerning the contested case designated by the corresponding docket number listed below. Viewing the available evidence in a light most favorable to 4 Whip, the Bank has established a prima facie case of mortgage foreclosure and 4 Whip's special defenses are insufficient to withstand the entry of summary judgment. The sixth special defense alleges a lack of personal jurisdiction and is again unsupported by any factual allegations. FN5. Professor Westen, repelling Professor Saltzburg's attack, nevertheless seems to accept the amendments, Forfeiture by Guilty Plea--A Reply, 76 Mich. L. Rev. 1-707-651-1025. All rights reserved. The following facts and procedural history are relevant to the resolution of this matter. Furthermore, [t]he Superior Court is a court of general jurisdiction. Fax: 203-961-8488. 1574, 1574 n. 6 (1981), See, e.g., Hammontree v. Phelps, 605 F.2d 1371, 1373 (5 Cir. Moreover, even in the wholly unlikely event that this panel wished to do what appellant asks, we would be obliged to seek the convocation of an en banc court to overrule this court's own decisions applying Pinkerton, e.g., United States v. Finkelstein, 526 F.2d 517, 522 (2 Cir. * Historical, vital, and court records and search results may require an additional purchase. Chase Home Finance, LLC v. Fequiere, 119 Conn.App. The plea agreements were not signed by the United States Attorney for the District of Connecticut but Mr. Keefer represented to the district court that he had orally approved them, The reference was doubtless to the holding in that case that, when the prosecution has substantial evidence of guilt, "An individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime."
