KUWIrpQI)M}D.0#n)fj6E It was this very approach that was attacked by the dissent, 442 U.S. at 173, 177, 99 S. Ct. at 2233, 2235. 4 Whip was served on January 20, 2009, and the defendant Connecticut Environmental, LLC, was served on January 21, 2009. 577, 581, 783 A.2d 88 (2001). 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. Conf.Rep. Gus Curcio came next with a plea to Count Two. The hearing convened at 11:09 AM, with Hearing Officer, Tracie C. Brown presiding. 251, 253 (S.D.W. Find more info on AllPeople about Dahill Donofrio and 732 Bishop Avenue, LLC, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. endobj Garcia was the next to plead. Please access this link or contact the Commission for further information. Web3 FREE public records found for Dahill Donofrio in Stratford, CT. FastPeopleSearch results include contact information such as addresses, phone numbers, and email Vallejo Medical Center. On May 3, 2010, this court, Hartmere, J., granted a motion substituting the Bank as the party plaintiff and, on July 6, 2010, the Bank filed the present motion for summary judgment. Count Two charged the Curcios, D'Onofrio and Vagnini with an extortionate extension of credit to John Acabbo; Count Three charged Francis Curcio and Vagnini with such an extension of credit to Richard Alchimio; Count Four charged the Curcios and D'Onofrio with such an extension of credit to Ronald Benedetto; Count Five charged them with such an extension of credit to Norman Ellsworth; Count Six charged them with such an extension to Darryl Hardiman; and Count Seven charged them with such an extension to Donald Brutnell. The action you just performed triggered the security solution. 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. Language links are at the top of the page across from the title. 3771 and 3772 on April 28, 1983; in the absence of congressional action, it will become effective on August 1, 1983, A fifth defendant, Edward Vagnini, pleaded guilty to the conspiracy count of the indictment and was sentenced to two years imprisonment. 4Whip has brought forth no evidence with which to support its special defenses or raise a genuine issue of material fact in this matter. As said in United States v. Petrillo, 332 U.S. 1, 6, 67 S. Ct. 1538, 1541, 91 L. Ed. WebCheck Mr. Louis E D Onofrio's office address in Stratford, CT and make an appointment. 2"(3IOmn?b5 FN1. We are thus being asked to pass on a contention raising constitutional questions, governed by a Supreme Court decision that has been puzzling to commentators12 and to courts,13 which demand careful scrutiny of a trial record and instructions which do not exist. The Bank filed a reply memorandum on September 23, 2010, and the matter was heard at the short calendar on November 1, 2010. See also United States v. DeStafano, 429 F.2d 344, 347 (2 Cir. FN4. The conclusion that a statute is too vague and therefore void as a matter of due process is thus unlikely to be triggered without two findings: that the individual challenging the statute is indeed one of the entrapped innocent, and that it would have been practical for the legislature to draft more precisely. Even if, contrary to our belief, we could comply with the reservation concerning Pinkerton, simply by adhering to the rule in that case as a matter of authority, the district court would still have abused its discretion by permitting the reservation. Although our views as to the impropriety of what was attempted here in the face of the warnings given in United States v. Burns, supra, 684 F.2d 1066, and other cases we have cited, would incline us to the latter course, we do not deem this to be proper since either of the first two grounds, if sustained, would result in dismissal of the indictment and defendants should not have to undergo an unnecessary trial if they are entitled to prevail. In invalidating the Pennsylvania statute there at issue, the Court relied heavily on the absence of a scienter requirement, saying that it had "long recognized that the constitutionality of a vague statutory standard is closely related to whether that standard incorporates a requirement of mens rea." Deborah Donofrio, Deborah J Esposito, and two other persons are connected to this place. Assistant Attorney General Terrence M. O'Neill appeared on behalf of the respondents. (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 Debtor's case was assigned case They have also lived in 688, 695, 751 A.2d 394 (2000). Cloudflare Ray ID: 7c0c67540c8d0a9f 173.236.152.142 at the time the extension of credit was made. v. Khan, Superior Court, judicial district of Fairfield, Docket No. 891 and 892(b) are constitutional. 1-707-651-1025. About Me; Credentials; About Me. My Doctor Online | David Dahill - Kaiser Permanente 1877 (1947), an appeal from the dismissal of an indictment under the Criminal Appeals Act as it then stood, 18 U.S.C. The substitute plaintiff, the Bank of New York, as Trustee for TBW Mortgage-Backed Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1 (the Bank), now moves for summary judgment as to liability against the defendant 4 Whip, LLC (4 Whip). Under the majority's analysis, the rationality of 892(b), whether it be called an inference or a permissive presumption, would vary with the facts. The prosecutor and experienced defense counsel, whose brief cites Allen six times, should have known from a reading of that opinion that we could not properly pass on the abstract question with respect to 892(b) here tendered. 134, 137, 948 A.2d 1035 (2008). D'Onofrio's plea of guilty, also to Count Two, was taken on December 9. 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. 1489 (1946), on which the prosecutor represented he would be obliged to rely, should be overruled. WebThere are 6 other people named Dahill Donofrio on AllPeople. This evidence was to be used to show that Francis Curcio "was in overall charge of the extortion conspiracy and that he had to personally authorize loans of the size over a few thousand dollars". (b) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of subsection (a): (1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor, (A) in the jurisdiction within which the debtor, if a natural person, resides or, (B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business. You can email the site owner to let them know you were blocked. %PDF-1.4 The hearing convened at 2:22 PM, with Hearing Officer, Lisa F. Siegel presiding. ct Ryders Health Management is part of the Healthcare Services industry, and located in Connecticut, United States. 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." 1980). 67, 86, 101 (1960). This website is using a security service to protect itself from online attacks. * Historical, vital, and court records and search results may require an additional purchase. Donofrio Accordingly, the ninth special defense also fails. 4 Whip has not raised a genuine issue of material fact with regard to its special defenses concerning the court's subject matter jurisdiction over the present action. Dahill departed this 2 bed / 3 bath condo in 2005. The requirement that the act must be willful or purposeful may not render certain, for all purposes, a statutory definition of the crime which is in some respects uncertain. Leonard J. Dahill Donofrio - Previous Principal for Dad Assoc LLC As the Court recognized, the doctrine that a scienter argument may save a statute which might otherwise have to be condemned for vagueness stems from the plurality opinion in Screws v. United States, 325 U.S. 91, 101-02, 65 S. Ct. 1031, 1035-36, 89 L. Ed. The district judge abused his discretion in accepting a plea permitting such a question to be put to us.14 Compare Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 437, 76 S. Ct. 895, 900, 100 L. Ed. The fact that no other court has exclusive jurisdiction in any matter is sufficient to give the Superior Court jurisdiction of that matter [T]he general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of a Superior Court but that which specially appears to be so [N]o court is to be ousted of its jurisdiction by implication. (Internal quotation marks omitted.) Angelo Joseph D'onofrio (age 95) is listed at 487 Commanche Lane A Stratford, Ct 06614 and is affiliated with the Republican Party. The Bank states in its memorandum in support of its motion for summary judgment that original or certified copies of these documents will be produced at the hearing on the motion for summary judgment.. 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 general, substitution is permitted in cases of assignment. Joblin v. LaBow, 33 Conn.App. At one time when Benedetto fell behind in his "vigorish" payments, D'Onofrio told him that if these were not regularly made, Benedetto "could have a lot of broken bones." This need to know the evidence in passing on the constitutionality of a "permissive presumption" is not satisfied by the Government's representation in the plea agreements that "it would be necessary to utilize the provisions of 18 U.S.C. Member of: Stamford Health Medical Group. FN2. 975 Sereno Drive. MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. 2d 222] (1972).15. 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." You can help Wikipedia by expanding it. 1397, 90th Cong., 2d Sess., reprinted in 1968 U.S.Code Cong. While the Government may be right in saying that the issue of the constitutionality of 892(b) will not simply "go away" after a trial, a trial will develop the material which Allen held that reviewing a court must have before passing on that issue. (2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal. Performance & security by Cloudflare. Discover work experience, company details, and more. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 400 U.S. at 37, 91 S. Ct. at 167, Whether 18 U.S.C. 442 U.S. at 157, 99 S. Ct. at 2224 (emphasis supplied). The purpose of a special defense is to plead facts that are consistent with the allegations of the complaint but demonstrate, nonetheless, that the plaintiff has no cause of action A valid special defense at law to a foreclosure proceeding must be legally sufficient and address the making, validity or enforcement of the mortgage, the note or both. (Internal quotation marks omitted.) Locate on map. ], Whether the Pinkerton doctrine, set forth in Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. No votes were taken. An evidentiary hearing of the Freedom of Information Commission in the following matter was held on March 4, 2014 in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. 2d 854 (1978); Papachristou v. Jacksonville, supra, 405 U.S. at 163, 92 S. Ct. at 843; and Boyce Motor Lines v. United States, 342 U.S. 337, 342, 72 S. Ct. 329, 331, 96 L. Ed. FN5. D'ONOFRIO The appeals extend into new ground the conditional guilty plea, originally a judge-made creation so far as federal courts are concerned but now proposed to be sanctioned as Federal Rule of Criminal Procedure Rule 11(a) (2).1 We must carefully consider whether the proposed extension is proper. A valuable commentary distills the following as the guiding principle of these decisions:10 [A] defendant who has been convicted on a plea of guilty may challenge his conviction on any constitutional ground that, if asserted before trial, would forever preclude the state from obtaining a valid conviction against him, regardless of how much the state might endeavor to correct the defect. 892(b) and the Pinkerton doctrine, Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. MILFORD, CT Polished and dignified, Patricia Juliette Poli Sheahan Hadden Dahill always made a grand entrance where-ever she went and deeply touched the hearts of all she met. NOTICE: The special meeting scheduled in the following matter for March 6, 2014 at 9:30 AM, was postponed. 2d 777 (1979). 2d 205 (1976); United States v. Corr, 543 F.2d 1042, 1050 (2 Cir. 2d 162 (1970);5 that the United States would recommend a sentence of six years imprisonment under 18 U.S.C. ("We skate on thin ice" with respect to statutory presumptions in criminal cases, ice that "was thinned" by the Allen decision. Francis Curcio's plea agreement recited that he would enter a guilty plea to Count Three of the indictment pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. On March 30, 2009, the original plaintiff, Taylor, Bean and Whitaker Mortgage Corp. (Taylor), filed an amended single-count complaint, alleging the following facts.
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