Girolametti v. Rizzo Corporation
The trial court lacked subject matter jurisdiction over an application to vacate an arbitration award that was not filed within 30 days of the notification of the award as required by Connecticut General Statutes §52-420(b). The plaintiff, John Girolametti, Jr., appealed from the trial court's judgment dismissing his application to vacate an arbitration award issued for the defendant, Rizzo Corporation, on the ground that the application was not filed within 30 days of the notification of the award. On appeal, the plaintiff claimed that the court improperly concluded that it lacked subject matter jurisdiction over his application because the statutory time limitation for filing his application was extended by the defendant's filing a motion with the arbitrator to modify the award. The plaintiff asserted that his application was filed within 30 days of the issuance of the modified award. The Appellate Court affirmed the judgment. The trial court, in ruling on the defendant's motion to dismiss, correctly determined that it lacked subject matter jurisdiction over the plaintiff's application. The Appellate Court adopted the trial court's memorandum of decision as the proper statement of the relevant facts, issues and applicable law.