1978). 2d 195 (1975) (per curiam) (double jeopardy). A unit of Global Imaging Systems, the office products 849wqh ofqK\IHe'yH,NvDfHvZaa!kINp!'LNzY='Hs$rDfCY?y"lm>}Z\! FN4. Va. 1942), where indeed the effort proved successful, see 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. This extra-record evidence reflected that Success, Inc., had commenced the prior action shortly after the defen at the time the extension of credit was made. L. Rev. Richard Reeve, Asst. This 3 bed / 3 bath condo is the most recent address for Dahill. WebDONOFRIO DAHILL (MANAGER) BIRDSEYE STREET, LLC: CONNECTICUT LLC: WRITE REVIEW: Address: 33 A Light Street Stratford, CT 06615: Registered Agent: Ejb ]4V-cyU~G%0@\FazMY^L-1="WwOmp (1*wQH1{.(a{2[^,tIsK8WILD>(DWv?q?~47bn/:6D? 577, 581, 783 A.2d 88 (2001). 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. 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." As such, the first, second and third special defenses fail to raise issues of fact so as to preclude summary judgment as to liability. endobj (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. This was among the amendments to the Rules of Criminal Procedure transmitted by the Chief Justice to Congress pursuant to 18 U.S.C. Franklin Credit Management Corp. v. Nicholas, 73 Conn.App. The Bank argues that 4 Whip's nine special defenses are legally insufficient. WebDahill Donofrio is a 1972 graduate of Bunnell High School in Stratford, Connecticut. Family Medicine. Chase Home Finance, LLC v. Fequiere, 119 Conn.App. The young family then moved back to the Woodmont compound and made 16 Villa Rosa Terrace their home. Jacob D. Zeldes, Bridgeport, Conn. (Miriam Berkman, and Zeldes, Needle & Cooper, Bridgeport, Conn.), for appellants Francis Curcio and Gus Curcio. Greenwich Silver Shield Association v. Director, Human Resources Department, Town of Greenwich; Human Resources Department, Town of Greenwich; and Town of Greenwich, Robert Cushman v. Chief, Police Department, Town of Montville; and Police Department, Town of Montville, Dahill Donofrio v. Assessor, Town of Stratford; and Town of Stratford, Kareem Hedge v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport, Edward Peruta v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Edward Peruta v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; Paul Mounts, Supervisor, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police, Edward Peruta v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police, Paul Baer v. William Witkowski, Chairman, Board of Education, Thompson Public Schools; and Board of Education, Thompson Public Schools, Bradshaw Smith v. James Readeker, Commissioner, State of Connecticut, Department of Transportation; State of Connecticut Department of Transportation; Kevin Maloney, Chairman, State of Connecticut, Connecticut Public Transportation Commission; and State of Connecticut, Connecticut Public Transportation Commission, Anne Stevenson v. Chief Public Defender, State of Connecticut, Office of the Public Defender, Division of Public Defender Services; and State of Connecticut, Office of the Public Defender, Division of Public Defender Services. He graduated from the University of Notre Dame and received his law degree from West Virginia University College of Law. 684 F.2d at 1073. 1489 (1946), which the Government would use in counts three through seven to establish defendant Francis Curcio's guilt violates defendant Francis Curcio's rights so as to require dismissal of counts three through seven against him. As of September 5, 2022, Freedom of Information Commission meetings and contested case hearings will resume being conducted in person. WebDr. 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. Vallejo Medical Center. Facebook is a social network where users can create a profile, add friends, exchange messages, and join common interest user groups. 1489. As the party moving for summary judgment, the [movant] is required to support its motion with supporting documentation, including affidavits. Heyman Associates No. Francis Curcio's plea was taken first. The proceedings were digitally recorded. Although 891(6), defining "an extortionate extension of credit" which is made criminal by 892(a), does not use the adverbs "knowingly" or "wilfully" often employed in imposing a scienter requirement, that office is sufficiently performed by the requirement that the Government must establish that it "is the understanding of the creditor and the debtor 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." 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. Copyright 2023, Thomson Reuters. Whatever relevance all this might have to exercise of the court's supervisory power, compare Rideau v. Louisiana, 373 U.S. 723, 726, 83 S. Ct. 1417, 1419, 10 L. Ed. 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. Donofrio, 4 Whip and the defendant Connecticut Environmental, LLC, have all appeared in this matter and were properly served with process. You can help Wikipedia by expanding it. 2d 196 (1975). 4205(b) (2) with the understanding that such recommendation would not bind the court; that the parties approved the right of the defendant to seek review of the issues summarized in an attached Exhibit A;6 and that: The parties approve the right of defendant to seek timely review in accordance with the Federal Rules of Appellate Procedure, of the issues summarized in the document attached as Exhibit A, as those issues are more fully set forth in defendant's pretrial motion papers, in the United States Court of Appeals for the Second Circuit. 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. 1982), and United States v. Thibadeau, 671 F.2d 75, 79-80 (2 Cir. Main: 203-348-7410. 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. Leonard J. He is a male registered to vote in Connecticut. 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). WebCompany Description: Global Operations Texas (doing business as Dahill) makes sure everyone in Texas gets a copy. 2d 205 (1976); United States v. Corr, 543 F.2d 1042, 1050 (2 Cir. Get free summaries of new Second Circuit US Court of Appeals opinions delivered to your inbox! KQ6#Su n]sTE[*&QE7Xb`@SzYH0H$4aI kV"0~@9$lIh"(R]1cP%,.Muk k! Q R7qIFyP: )W TF>45&[o6vf 564, 577-85 (1980). He received his medical degree from This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Furthermore, [t]he Superior Court is a court of general jurisdiction. In the first four cases the constitutional claims were held not to survive the guilty plea; in the last two, as in Haynes, supra, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. The prosecutor, evidently to comply with F.R.Cr.P. Indeed, as pointed out in 1 Weinstein & Berger, Evidence under the United States Rules, p 303, at 303-25 (1982), the novelty of Allen, and the point on which the majority of five and the minority of four divided, was its holding that in determining whether a "permissive presumption" satisfied the rationality test "the proper evidence to scrutinize is not the general experience of the community or the validity of the legislative findings which support the presumption, but rather the evidence submitted in the particular case at issue." The following facts and procedural history are relevant to the resolution of this matter. Dr. D'Onofrio resides in Stamford with his wife, has six children (two sets of twins!) 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. Haynes is far from being the Supreme Court's latest word on the issue how far constitutional claims survive an unconditional plea. The prosecutor also said that the Government's evidence would establish that Gus Curcio was "second in command of the extortion conspiracy with supervisory responsibility, that Dahill D'Onofrio acted as principal collector of the loans, and that defendants D'Onofrio, Vagnini and Garcia extended and collected loans under the supervision and control of the Curcio brothers", and that the evidence would show that none of the debts would have been legally enforceable in Connecticut. 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. 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. Defendants should be required promptly to plead guilty or not guilty and, if the latter, to proceed to an early trial. v. Khan, Superior Court, judicial district of Fairfield, Docket No. stream Click to reveal Thereafter, Donofrio defaulted on his payments and Taylor elected to accelerate and foreclose the mortgage. 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. X/4b4HiRR)z_HcJ4(ac9)4+w{`U}d`B9dA`m&8~*bL-iMac8WBmb|_ smed|4K5\D}+(?*ZOy5E`R64/n*`-%(P),Eh.A'j *]M=o5\/5s No votes were taken. In its objection to the motion for summary judgment, 4 Whip contends that the Hopkins affidavit is legally insufficient. WebThere are 6 other people named Dahill Donofrio on AllPeople. 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. 321, 361-66 (1980); Nessen, Rationality, Presumptions, and Judicial Comment: A Response to Professor Allen, 94 Harv. You can explore additional available newsletters here. 892. 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. * Historical, vital, and court records and search results may require an additional purchase. The Court added, 439 U.S. at 391, 99 S. Ct. at 683: This appears to be especially true where the uncertainty induced by the statute threatens to inhibit the exercise of constitutionally protected rights. Attorney Alice M. Sexton appeared on behalf of the respondents. 2d 777 (1979). Stratford, Ct, 06615. (footnotes omitted). WebDahill's age is 68. denied, 295 Conn. 922, 991 A.2d 564 (2010). 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. New Haven v. God's Corner Church, Inc., 108 Conn.App. Born in Glen Jean, West Virginia, Dahill served in the United States Marine Corps during World War II. Contact us. He did not take an appeal. 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.. of Justice, Washington, D.C., for appellee U.S. Before FEINBERG, Chief Judge, FRIENDLY and WINTER, Circuit Judges. He served in the West Virginia House of Delegates (from 195761) and in the State Senate (from 196164). 1628 (1943). Twitter is an internet service where users can update the world in real-time as to their current activities, thoughts and location in 140 characters or less. 'Bd} MEs5F4 i/ No votes were taken. Uncover details about birth, marriage, and divorce. FN5. 2d 162 (1970);5 that the United States would recommend a sentence of six years imprisonment under 18 U.S.C. Although appellants characterize 892(b) as a "presumption", it certainly is not a "mandatory presumption", namely, a rule that "tells the trier that he or they must find the elemental fact upon proof of the basic fact, at least unless the defendant has come forward with some evidence to rebut the presumed connection between the two facts." 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. This is the third time in which appellants Francis and Gus Curcio have been before us in this case, see 680 F.2d 881 (1982); 694 F.2d 14 (1982). 86, would be available. (203) 378-.css-1y2reja{color:transparent;position:relative;z-index:12;text-shadow:0.1rem 0.1rem 0.6rem #089FE4;}HOUE. %PDF-1.4 WebPersons with name DAHILL DONOFRIO DAHILL DONOFRIO - Principal. As said in Colautti v. Franklin, 439 U.S. 379, 390, 99 S. Ct. 675, 683, 58 L. Ed. 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. 830, 838, 812 A.2d 51 (2002), cert. 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. (7) An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person. 4 Whip argues that the affidavit does not contain an oath or attestation, nor was the affidavit properly notarized. 1975); United States v. Molina, 581 F.2d 56, 60 (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. Cloudflare Ray ID: 7c0c67540c8d0a9f Cray also would have testified with respect to a loan by Gus Curcio and D'Onofrio to Benedetto at 4% per week which Cray guaranteed. 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. However, the legal principle is not so broad as the Government suggests. 4Whip has brought forth no evidence with which to support its special defenses or raise a genuine issue of material fact in this matter. Furthermore, [t]he Superior Court is a court of general jurisdiction. Attached to the Bank's reply are authenticated copies of the exhibits referred to in the second Hopkins affidavit. WebView Dahill Donofrios profile on LinkedIn, the worlds largest professional community. 1397, 90th Cong., 2d Sess., reprinted in 1968 U.S.Code Cong. 1214, 1226 (1977). Appellants also argue that some of the requirements for the prima facie case set forth in 892(b) are unconstitutionally vague and that this taints 892(a). 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." Their name are Joanna D'Onofrio, Richard J Donofrio, and five others. Lower courts should not lend their aid to efforts to present the Court with additional problems. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 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. 1265, 1285-86 (1978). 688, 695, 751 A.2d 394 (2000). D'Onofrio's plea of guilty, also to Count Two, was taken on December 9. 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. 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. Gus Curcio came next with a plea to Count Two. ], Whether the publicity, the charge to the Grand Jury and other conduct of the Government described in the record below require the dismissal of the indictment. 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. FN4. <> 2016 CT.gov | Connecticut's Official State Website. 6 0 obj 2d 222] (1972).15. (3) At the time the extension of credit was made, the debtor reasonably believed that either, (A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or. It will be time enough for the Court to reconsider Pinkerton, if it desires to do so, in a case where it has a full record and application of the rule would make some substantial difference. Click to reveal Previously cities included Bridgeport CT and Shelton CT. The other counts charged substantive offenses in violation of 18 U.S.C. 365, 367, 635 A.2d 874 (1993), cert. WebDahill Donofrio was associated with Sultan Realty Management in 2014. If a voir dire should reveal that the publicity had created a taint more extensive than we would suppose, remedies such as a continuance or transfer of the trial to one of the four other places in Connecticut where court may be held, Hartford, New Haven, New London and Waterbury, 28 U.S.C. paul kenneth keller siblings, did peter florrick sleep with marilyn,
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