Find more info on AllPeople about Dahill Donofrio and 732 Bishop Avenue, LLC, as well as people who work for Dahill Donofrio - 732 Bishop Avenue, LLC, Stratford, Connecticut ), In addition to the specific warnings of Allen against a "facial" approach with respect to statutory "permissive presumptions", we might well be compelled to refrain from ruling on the abstract question tendered with respect to 892(b) by the more general considerations against premature constitutional adjudication developed in Justice Brandeis' famous concurring opinion in Ashwander v. TVA, 297 U.S. 288, 341, 346-48, 56 S. Ct. 466, 480, 482-83, 80 L. Ed. 154, 157, 687 A.2d 1309, cert. Most of the articles do not go beyond the proofs which the prosecutor proposed to offer at the trial and presumably presented to the grand jury, but some linked Francis Curcio to "the Genovese Crime Family headquartered in New York City." 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. Dahill Donofrio Your IP: FJ Dahill Company The only difficulty apparent to us arises from the use of the verb "could" in the language of the statute. The prosecutor also described evidence with respect to a loan transaction, again involving 3% weekly interest, between Alchimio and Vagnini, who was acting on behalf of Francis Curcio. Gus Curcio told Cray that he had to collect the interest, no matter what he had to do to get it. 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." Thereafter, Donofrio defaulted on his payments and Taylor elected to accelerate and foreclose the mortgage. The prosecutor, evidently to comply with F.R.Cr.P. 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. But it does relieve the statute of the objection that it punishes without warning an offense of which the accused was unaware. 1970) (sustaining 18 U.S.C. 22-23), to vacate the convictions and permit withdrawal of the guilty pleas. He did not take an appeal. Thus, the sixth special defense does not create an issue of fact as to 4 Whip's liability on the complaint. WebTop 3 Results for Dahill Donofrio in CT 1 The best result we found for your search is Dahill A Donofrio age 60s in Shelton, CT in the Shelton neighborhood. This website is using a security service to protect itself from online attacks. ("We skate on thin ice" with respect to statutory presumptions in criminal cases, ice that "was thinned" by the Allen decision. FN3. Leonard A Donofrio, 66. MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. FN3. ;]:!SX+puA]nm=-J2ZpOPb4U|{J{n;pwXmjX`#vj ktXn85~#h6FSG!L*cnwCDT This read, 390 U.S. at 87, n. 2, 88 S. Ct. at 725, n. 2: Petitioner's plea of guilty did not, of course, waive his previous claim of the constitutional privilege. The mortgage deed was recorded in the Stratford land records. This was among the amendments to the Rules of Criminal Procedure transmitted by the Chief Justice to Congress pursuant to 18 U.S.C. Unlike the frequent case where the maximum punishment under the general conspiracy section, 18 U.S.C. The Supreme Court decision cited by the Government, Haynes v. United States, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. Id. He graduated from the University of Notre Dame and received his law degree from West Virginia University College of Law. 688 (1936) and cases there cited. Gilroy Daly of the District Court for Connecticut, from judgments of conviction entered on their guilty pleas. 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. Previously cities included Bridgeport CT and Shelton CT. Some of the features on CT.gov will not function properly with out javascript enabled. WebMatteo Donofrio, 81 Resides in Stratford, CT Related To Michael Donofrio, Susan Donofrio, Marietta Donofrio, Mary Donofrio Also known as M Onofrio, M Donofrio Includes Address (1) Phone (1) See Results Mari L Donofrio, 66 Resides in Newington, CT Lived In Vernon Rockville CT This case has been pending much too long, a year and a half since the indictment was filed, with three appeals to this court. The proceedings were digitally recorded. He served in the West Virginia House of Delegates (from 195761) and in the State Senate (from 196164). }7l-dxq|&)M pNA#_gpjH(s8yI&+u-mb'=j@|)27 R`+"S:?fH'YLVDLAMB>ldThB\8#JH)A4w.Q;$?IfN,U&4{%n6"[|eq$`/. Rather, the thrust of 4 Whip's objection concerns the subject matter jurisdiction of the court. Kakadelis v. DeFabritis, 191 Conn. 276, 282, 464 A.2d 57 (1983). The proceedings were digitally recorded. Questions Post Question There are no questions yet for this company. Dahill Donofrio v. Assessor, Town of Stratford; and Town of Stratford 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. Defendants should be required promptly to plead guilty or not guilty and, if the latter, to proceed to an early trial. Thus, 4 Whip was made a party to this action due to its status as a subsequent interest holder. In fact, these questions do not require extensive consideration. 4 Whip asserts that, by extension, this court lacks subject matter jurisdiction over the matter. Linda D'Onofrio 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. 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. Dahill A Donofrio, 68 - Stratford, CT - Has Court or Arrest The proceedings were digitally recorded. For further information concerning these hearings, please contact the Commissions administrative office at 18-20 Trinity Street, Hartford, Connecticut 06106: telephone (860) 566-5682. Before the argument of the appeal the court advised counsel by letter that they "should be prepared to address at oral argument the question whether, in view of United States v. Burns, 684 F.2d 1066 (2 Cir. The court has already addressed the issues of standing and subject matter jurisdiction and need not revisit its prior analysis. font size. Franklin Credit Management Corp. v. Nicholas, 73 Conn.App. The void-for-vagueness claim, read as we believe it must be, can be determined by analysis of the statute and, if appellants are right, would prevent them or anyone else from being convicted under it. Spokeo's database, while extensive, does not contain all U.S. warrant, arrest, court, or other related records. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Your IP: Conf.Rep. Please access this link or contact the Commission for further information. 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. The first, second and third special defenses generally allege that the Bank failed to comply with the terms of the note and mortgage deed. 2d 196 (1975). 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..FN1. Dahill Donofrio in CT - Address & Phone Number WebAngelo is on the list of graduates from high school. The pleas of the two Curcios and Garcia were taken at a hearing on December 6, 1982; D'Onofrio's at a hearing on December 9. You can help Wikipedia by expanding it. The challenge went unanswered. See also United States v. International Union, United Automobile, Aircraft and Agricultural Implement Workers, 352 U.S. 567, 590-92, 77 S. Ct. 529, 540-41, 1 L. Ed. Exterior rehabilitation of steeple and spire involving weathervane repair wood repairs preparation and repainting of steeple and lightning protection system upgrades. Member of: Stamford Health Medical Group. Curcio cites no instance where a lower federal court has avowedly disregarded a controlling decision of the Supreme Court, and the only instance that occurs to us is the action of a three-judge court in the second flag salute case, Barnette v. West Virginia State Board of Education, 47 F. Supp. FN4. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. hamilton police auxiliary As the Court there observed, 328 U.S. at 647-48, 66 S. Ct. at 1184: A different case would arise if the substantive offense committed by one of the conspirators was not in fact done in furtherance of the conspiracy, did not fall within the scope of the unlawful project, or was merely a part of the ramifications of the plan which could not be reasonably foreseen as a necessary or natural consequence of the unlawful agreement. FN1. Furthermore, [t]he Superior Court is a court of general jurisdiction. 2d 222] (1972).15. As such, the first, second and third special defenses fail to raise issues of fact so as to preclude summary judgment as to liability. 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. [Part C, Motion of Defendants Gus Curcio and Francis Curcio to Dismiss the Indictment, dated July 14, 1982. 682 (Supp. 2d 596 (1979): It is settled that, as a matter of due process, a criminal statute that "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute," United States v. Harriss, 347 U.S. 612, 617 [74 S. Ct. 808, 811, 98 L. Ed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Join to view profile Millennium group mgmt. Facebook is a social network where users can create a profile, add friends, exchange messages, and join common interest user groups. 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. The statute, as construed by the Court, punished conduct which the self-incrimination clause protected; Haynes' plea simply admitted conduct in which he was constitutionally privileged to engage. Summary judgment is a method of resolving litigation when pleadings, affidavits, and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law The motion for summary judgment is designed to eliminate the delay and expense of litigating an issue when there is no real issue to be tried. (Citations omitted.) Under the cases which we have cited and are cited by them, this would normally suffice to avoid condemnation under the void-for-vagueness doctrine. Nevertheless, the Hopkins affidavit, the copy of the notice letter, and the copies of the note and mortgage deed establish that the Bank complied with the terms of the subject instruments and that Donofrio was properly notified of his default. 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. YouTube is a video-sharing website where users can upload and watch videos, subscribe to user channels and leave comments. Count One charged all defendants with a conspiracy2 wherein Francis Curcio would extend credit and direct the other defendants to extend credit with the understanding that delay in repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation and property of the debtors and others, and would demand weekly interest payments known as "vigorish" or "vig" payments which would extend the term of the loans, with the understanding of the defendants and the debtors that delay in repayment or failure to repay would have the described consequences, in violation of 18 U.S.C. However, since litigants ordinarily have a constitutional right to have issues of fact decided by a jury the moving party for summary judgment is held to a strict standard of demonstrating his entitlement to summary judgment. (Citation omitted; internal quotation marks omitted.) Finally, 4 Whip's ninth special defense, alleging the defectiveness, unenforceability and prematurity of the Bank's action as a result of the first through eighth special defenses is unavailing. You can email the site owner to let them know you were blocked. 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. 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". 134, 137, 948 A.2d 1035 (2008). In support of its motion, the Bank submits the following evidence: (1) an affidavit of John Cook, a title searcher; (2) an affidavit of Tonya Hopkins, an assistant secretary for American Home Mortgage Servicing, Inc., the Bank's loan servicer; (3) a copy of the subject note and mortgage;2 (4) copies of the mortgage assignments to Taylor and the Bank, respectively; (5) a copy of a default notice letter addressed to Donofrio; (6) an affidavit of David Borrino, an attorney for the Bank; and (7) copies of United States postal service shipment tracking documentation. 1265, 1285-86 (1978). JxvleD;lCpfVpY;7tlc0oP ` Vkm72hONyl[CWg7L#%QRovQ8667n,*R2Yir4l.-XtZZLV dTC+QK1@Tn x`{4(D443\AS5l_t The other counts charged substantive offenses in violation of 18 U.S.C. WebDahill Donofrio was associated with Sultan Realty Management in 2014. (emphasis supplied). Also known as Leonard J D'Onofrio, Leonard Onfrio, Leonard Donotrio, Lenny D Onofrio. 11(f), stated that the Government's evidence "would consist of testimony of an accomplice and debtor by the name of William Cray as well as at least six additional debtors, John Acabbo, Richard Alchimio, Ronald Benedetto, Norman Ellsworth, Darryl Hartman and Special Agent Donald Brutnell of the Federal Bureau of Investigation, plus testimony of other witnesses and participants to the events charged. The agreement also contained detailed provisions as to what should happen, both with respect to the remaining counts of the indictment and with respect to prosecutions for violation of other criminal laws, on various contingencies relating to the action of this court on appeal (not, however, including the contingency that we might hold that some or all of the issues listed in Exhibit A were improperly reserved) and of the Supreme Court on petitions for certiorari. Web29 Hospital Plaza Suite 502 Stamford, CT 06902. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 1-707-651-1025. Dahill v~.c^kQNv}WW`wn#i!%G\S*W^ L0W6(&z,NeO?ybV0k(@e;n6! This site is protected by reCAPTCHA and the Google. 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). Garcia was the next to plead. "aQ\]_}Doendstream Co. of Pennsylvania, 231 Conn. 756, 796, 653 A.2d 122 (1995). View property details and household demographic information related to income, investments, and interests. <> 4 Whip objected thereto on September 13, 2010. KQ6#Su n]sTE[*&QE7Xb`@SzYH0H$4aI kV"0~@9$lIh"(R]1cP%,.Muk k! Q R7qIFyP: )W TF>45&[o6vf Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! Haynes is far from being the Supreme Court's latest word on the issue how far constitutional claims survive an unconditional plea. Dahill Donofrio Files for Bankruptcy in Bridgeport | BKData The mortgage was subsequently assigned from MERS to Taylor on January 15, 2009. Francis Curcio's plea was taken first. L. Rev. A unit of Global Imaging Systems, the office products WebCheck Mr. Louis E D Onofrio's office address in Stratford, CT and make an appointment. WebDahill A Donofrio Jr Dahill A Donofrio Jr, Age 69 aka Donofrio Dahill, Dahill D Onofrio Current Address: LZDM Greystone, Shelton, CT Past Addresses: Bridgeport CT, Shelton He is a male registered to vote in Connecticut. 892(b) and made no reference to Pinkerton v. United States, supra, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. 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. U.S. Public Defender, New Haven, Conn., for appellant Roberto Garcia. 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.. Bowman, Westport, Conn., for appellant Dahill D'Onofrio. Moreover, the plea agreement, as we read it, would not be satisfied by our simply saying that we are bound by Pinkerton; rather we would be required to consider whether, as appellants argue in their brief, it should be overruled. * Historical, vital, and court records and search results may require an additional purchase. 5841. In a mortgage foreclosure action, to make out its prima facie case, the foreclosing party ha[s] to prove by a preponderance of the evidence that it was the owner of the note and mortgage and that [the mortgagee] had defaulted on the note. (Internal quotation marks omitted.) The complaint in this matter has been withdrawn. You can explore additional available newsletters here. On March 30, 2009, the original plaintiff, Taylor, Bean and Whitaker Mortgage Corp. (Taylor), filed an amended single-count complaint, alleging the following facts. Accordingly, the ninth special defense also fails. 4Whip has brought forth no evidence with which to support its special defenses or raise a genuine issue of material fact in this matter. 830, 838, 812 A.2d 51 (2002), cert. Uncover Dahill's photos, videos, and more , Personal details for Dahill may include . Language links are at the top of the page across from the title. New Haven v. God's Corner Church, Inc., 108 Conn.App. The hearing convened at 11:06 AM, with Hearing Officer, Tracie C. Brown presiding. ], Whether the Pinkerton doctrine, set forth in Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. The mandate shall issue forthwith. 894 against void-for-vagueness attack). r walsh certificate of approval for inspections call inspector: bob walsh 203-946-6125. Wilson v. New Haven, 213 Conn. 277, 279, 567 A.2d 829 (1989). denied, 289 Conn. 956, 961 A.2d 420 (2008). FN1. FN6. denied, 295 Conn. 922, 991 A.2d 564 (2010). Dept. xVM6+@wrV%m*-!w$?8aU#~a@!O/r8^%G}[P ` Assistant Attorney General Terrence M. O'Neill appeared on behalf of the respondents. The Government challenged appellants to produce "a single federal case authorizing the dismissal of an indictment before voir dire has been conducted " (Brief, p. 37). 892(a) authorizes the same penalties for conspiracy, to wit, a fine of not more than $10,000 or imprisonment of not more than 20 years or both, as for the substantive crime. 86, would be available. The issue of standing implicates subject matter jurisdiction [I]t is the burden of the party who seeks the exercise of jurisdiction in his favor clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute. (Internal quotation marks omitted.) stream It has jurisdiction of all matters expressly committed to it and of all other matters cognizable by any law court of which the exclusive jurisdiction is not given to some other court. Taylor was, thus, the holder of the note, endorsed in blank, at the time the present foreclosure action was commenced, by service of process on Donofrio, on January 19, 2010.3 The authenticated copy of the assignment submitted by the Bank in support of its motion for summary judgment establishes that MERS assigned the mortgage to Taylor on January 15, 2009 and that the assignment was recorded on the Stratford land records on February 9, 2009.
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