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. WebDahill Donofrio is a 1972 graduate of Bunnell High School in Stratford, Connecticut. This site is protected by reCAPTCHA and the Google. Attorney Alice M. Sexton appeared on behalf of the respondents. KQ6#Su n]sTE[*&QE7Xb`@SzYH0H$4aI kV"0~@9$lIh"(R]1cP%,.Muk k! Q R7qIFyP: )W TF>45&[o6vf 2d 138 (1968)); McMann v. Richardson, 397 U.S. 759, 90 S. Ct. 1441, 25 L. Ed. denied, 425 U.S. 960, 96 S. Ct. 1742, 48 L. Ed. IndyMac Bank, F.S.B. You can email the site owner to let them know you were blocked. Accordingly, and for the foregoing reasons, the Bank's motion for summary judgment as to liability only is granted. 173.236.152.142 My Doctor Online | David Dahill - Kaiser Permanente These concerns were reiterated in United States v. Guerro, 694 F.2d 898, 903 (2 Cir. ), 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. The latter would have testified that he was aware of the reputations of Francis Curcio and D'Onofrio for violence and believed he would suffer broken bones in the event of a default. Please access this link or contact the Commission for further information. He is a male registered to vote in Connecticut. The complaint in this matter has been withdrawn. 564, 577-85 (1980). & Ad.News at 1962, 2027, See, e.g., 1 Weinstein & Berger, supra, p 303, at 303-23 ("an analysis which serves to confuse as much as to clarify the issues in this case"), 303-35 ("a troubling decision because the instructions given by the trial judge could well be read--as the dissenters argued--to have created a mandatory presumption, under the Court's own definition"); Allen, Structuring Jury Decisionmaking in Criminal Cases, 94 Harv. Attached to the Bank's reply are authenticated copies of the exhibits referred to in the second Hopkins affidavit. 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). The prosecutor made substantially the same proffer with respect to the Acabbo loans that he had made before, and added that "the Government would further prove through other evidence and testimony at the trial a systematic extension of loans and collection of interest payments by the defendant D'Onofrio from at least four debtors in addition to John Acabbo". The only difficulty apparent to us arises from the use of the verb "could" in the language of the statute. Building. 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. Danny Dahill - Wikipedia In addition, defendant Francis Curcio moved to dismiss substantive counts Three through Seven on the ground that the holding in Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. If it did not follow that course, it could have chosen not to defend convictions on the substantive crimes on appeal rather than provide Francis Curcio with a vehicle for challenging Pinkerton in the Supreme Court. (emphasis supplied). Discover work experience, company details, and more. Moreover, the Bank has established that it is the holder of the subject note and mortgage through its evidentiary submissions. 1311 (1956) (id.). 4 Greystone, Shelton, CT is the last known address for Dahill. Main: 203-348-7410. 410, 416, 885 A.2d 768 (2005). He received his medical degree from They and their codefendants Roberto Garcia and Dahill D'Onofrio now appeal pursuant to conditional pleas of guilty under plea agreements made with the prosecutor and approved by Chief Judge T.F. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Attorney Ryan W. Zaziri appeared on behalf of the respondents. 1297 (1956) (F.R.Civ.P. Please access this link or contact the Commission for further information. Furthermore, [t]he Superior Court is a court of general jurisdiction. font size. WebThey and their codefendants Roberto Garcia and Dahill D'Onofrio now appeal pursuant to conditional pleas of guilty under plea agreements made with the prosecutor and approved by Chief Judge T.F. <> D'ONOFRIO WebThere are 6 other people named Dahill Donofrio on AllPeople. 4Whip does not raise substantive arguments in its opposition with regard to its special defenses concerning personal jurisdiction or satisfaction of the terms of the mortgage and note. 892(b) and the Pinkerton doctrine, Pinkerton v. United States, 328 U.S. 640, 66 S. Ct. 1180, 90 L. Ed. 1397, 90th Cong., 2d Sess., reprinted in 1968 U.S.Code Cong. Sign up for our free summaries and get the latest delivered directly to you. 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. 1489 (1946), on which the prosecutor represented he would be obliged to rely, should be overruled. May v. Coffey, 291 Conn. 106, 113, 967 A.2d 495 (2009). 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.) 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. 2d 923, they were held to have done so. 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. 2d 923 (1968), did hold, although only by unexplicated statement in a footnote,8 that a plea of guilty did not foreclose an attack on the constitutionality of a provision in the National Firearms Act, 26 U.S.C. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 2d 162 (1970);5 that the United States would recommend a sentence of six years imprisonment under 18 U.S.C. ], It has been argued that there is a constitutional right to plead conditionally guilty, at least in states in which defendants have the option to plead unconditionally guilty. It is desirable at this point to analyze the former claim in somewhat more detail. 1975), cert. Professor Saltzburg, disagreeing with much of Professor Westen's analysis, would nevertheless accept his formulation of the decisions if it were reworded to read: A defendant who has been convicted on a plea of guilty and who has complied with pre-plea procedural rules regarding notice of constitutional claims 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 on the charge to which he pleaded, regardless of how much the state might endeavor to correct the defect. Gilroy Daly of the District Court for Connecticut, from judgments of conviction entered on their guilty pleas. On March 30, 2009, the original plaintiff, Taylor, Bean and Whitaker Mortgage Corp. (Taylor), filed an amended single-count complaint, alleging the following facts. Making extortionate extensions of credit. Donofrio Dahill Profiles in Bridgeport CT, Fairfield CT, and Stratf A "permissive presumption" thus is valid unless "under the facts of the case, there is no rational way the trier could make the connection permitted by the inference." Gus Curcio came next with a plea to Count Two. 2d 110] (1972), is void for vagueness. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. ct Your IP: Having decided that the questions of void-for-vagueness and prejudicial publicity were properly reserved but that the questions of the constitutionality of 892(b) and Pinkerton were not, we must decide whether we should answer the two former or simply remand with instructions, which defendants have properly requested (Reply Brief, pp. 1979) (Wisdom, J.) 4 court search results for people named "Dahill Donofrio" in the United States. The present foreclosure action was filed with the court on January 26, 2009. 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. Performance & security by Cloudflare. Dahill and Samuel have resided together in a single family house in Stratford, CT. Dahill resides in Shelton, CT in a condominium with Deborah. FN2. Their name are Joanna D'Onofrio, Richard J Donofrio, and five others. 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. The Bank further contends that the Superior Court properly maintains subject matter jurisdiction over the present matter. We find no force in this argument, because we are here concerned with the definition of the offense, not with the propriety of the inferences which the Government may seek to have drawn in proving it. 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. 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. 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. We therefore reject appellants' argument that 892(a) is void for vagueness "on its face". 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.) This website is using a security service to protect itself from online attacks. 1 v. Ins. 1628 (1943). Webdefendant and her estranged husband, Dahill Donofrio. Also known as Leonard J D'Onofrio, Leonard Onfrio, Leonard Donotrio, Lenny D Onofrio. Uncover details about birth, marriage, and divorce. 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. 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. Here is Dahill's phone number (203) 929-6629 (Southern New England Tel Co). 2d 563 (1957); United States v. Raines, 362 U.S. 17, 21, 80 S. Ct. 519, 522, 4 L. Ed. at the time the extension of credit was made. Vallejo Medical Center. New Haven v. God's Corner Church, Inc., 108 Conn.App. 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. Wilson v. New Haven, 213 Conn. 277, 279, 567 A.2d 829 (1989). denied, 229 Conn. 912, 642 A.2d 1207 (1994).4 The Bank was substituted as the party plaintiff in the present matter. 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." WebCompany Description: Global Operations Texas (doing business as Dahill) makes sure everyone in Texas gets a copy. WebPersons with name DAHILL DONOFRIO DAHILL DONOFRIO - Principal. WebKnown Addresses for Dahill Donofrio PO Box 506 Stratford, CT 06615 135 Allyndale Dr Stratford, CT 06614 Advertisements Source Dun & Bradstreet Data last refreshed on The Bank filed a reply memorandum on September 23, 2010, and the matter was heard at the short calendar on November 1, 2010. 'Bd} MEs5F4 i/ 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.) 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. Leonard A Donofrio, 66. 365, 367, 635 A.2d 874 (1993), cert. See also United States v. DeStafano, 429 F.2d 344, 347 (2 Cir. 4Whip has brought forth no evidence with which to support its special defenses or raise a genuine issue of material fact in this matter. Dahill A Donofrio from Stratford, Connecticut 67, 86, 101 (1960). 1269 154, 157, 687 A.2d 1309, cert. See also Amsterdam, The Void for Vagueness Doctrine in the Supreme Court, 109 U. Pa. L. Rev. FN4. 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. 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 stream The attorneys all responded "No", and one of them said "It is our contention, your Honor, that the Government could offer proof to that effect.". 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. 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. This website is using a security service to protect itself from online attacks. https://en.wikipedia.org/w/index.php?title=Danny_Dahill&oldid=1128358493, Democratic Party members of the West Virginia House of Delegates, People from Fayette County, West Virginia, Democratic Party West Virginia state senators, West Virginia University College of Law alumni, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 19 December 2022, at 18:49. 134, 137, 948 A.2d 1035 (2008)..FN5. Seven persons linked to this address. An evidentiary hearing of the Freedom of Information Commission in the following consolidated matters was held on March 5, 2014 in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. 22-23), to vacate the convictions and permit withdrawal of the guilty pleas. 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. 2d 222] (1972).15. Share Reply Brief, p. 3. Previously cities included Bridgeport CT and Shelton CT. Includes Address (5) Phone (4) See Results. He is a male registered to vote in Connecticut. 2d 785 (1970) (guilty plea under statutes whereby punishment on such a plea would be life imprisonment whereas after jury trial punishment would be death unless jury recommended life imprisonment);9 Tollett v. Henderson, 411 U.S. 258, 93 S. Ct. 1602, 36 L. Ed. Thereafter, on March 18, 2010, both the note and mortgage were assigned to the Bank. 1877 (1947), an appeal from the dismissal of an indictment under the Criminal Appeals Act as it then stood, 18 U.S.C. 1489. 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. DAHILL DONOFRIO | Ct-register.com 1489 (1946), to establish a prima facie case against defendant Francis Curcio in count three. Richard Reeve, Asst. Schaghticoke Tribal Nation v. Harrison, 264 Conn. 829, 839 n.6, 826 A.2d 1102 (2003). FN6. 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.) FN1. L. Rev. 684 F.2d at 1073. 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. NOTICE: The special meeting scheduled in the following matter for March 6, 2014 at 9:30 AM, was postponed. Member of: Stamford Health Medical Group. Dahill Donofrio - Retired - Millennium group mgmt | LinkedIn Stratford, Connecticut, United States. Reconnect with Dahill Donofrio by joining our alumni site today. 894 against void-for-vagueness attack). Chase Home Finance, LLC v. Fequiere, 119 Conn.App. Case Summary. ") Onofrio 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. 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. (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. Andrew B. William C. Bryson, Atty. 2d 763 (1970) (guilty plea following confession whose voluntariness state offered no constitutionally valid means of testing); Parker v. North Carolina, 397 U.S. 790, 90 S. Ct. 1458, 25 L. Ed. regular 4 Whip argues that the affidavit does not contain an oath or attestation, nor was the affidavit properly notarized. Attorney Michael S. Casey appeared on behalf of the respondents. You already receive all suggested Justia Opinion Summary Newsletters. If that were true as a general proposition, it would indeed seem to follow a fortiori that a conditional plea reserving constitutional claims pursuant to a plea agreement should survive,7 since the appealable issues have been circumscribed and the Government is aware that the sentences recommended by it may not in fact have to be served. Find more info on AllPeople about Dahill Donofrio and 732 Bishop Avenue, LLC, as well as people who work for In addition, the affidavits, copies of the note and deed, notice letter and postal service information establish that Donofrio defaulted on the note and that notice of such default was sent to Donofrio pursuant to the terms of the note and mortgage. 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. q&.ao@*\u\kpwcOvn!s?P]q QZ$#:1\!3(c =X"uoOVnq>v\,2v)8u-2ygy5-'g*N4l]ZEiFIb&JF-aO>-dz=|Mf3?$Y%H!^omT |Zlz-['bs[YAR"_v>wKTMTJT whu Q$/@$;&A}nYiu! cg ESG*Kn@:a.@.QK%m=8G#n.F+%#HC$I.!N()R`H'VNmT?H1xiZ20vS)P}A#Pfoy*Ynl'8M; M 2d 628 (1974) (prosecution's making more serious charge after defendant had exercised right to seek trial de novo in higher court); and Menna v. New York, 423 U.S. 61, 96 S. Ct. 241, 46 L. Ed. Dahill - Home - Facebook 250 Temple St, New Haven, CT, 06511. 6 0 obj The following facts and procedural history are relevant to the resolution of this matter. Cloudflare Ray ID: 7c0c67540c8d0a9f New Haven v. God's Corner Church, Inc., 108 Conn.App. 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. The Supreme Court decision cited by the Government, Haynes v. United States, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. Fax: 203-961-8488. Dahill resides with Nona in Shelton, CT in a condominium. L. Rev. NOTICE: The special meeting scheduled in the following matter for March 4, 2014 at 9:30 AM, was postponed. 577, 581, 783 A.2d 88 (2001). 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. (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. 367, 369 n.2, 955 A.2d 544, cert. The email address cannot be subscribed. 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." 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. See also Lefkowitz v. Newsome, 420 U.S. 283, 95 S. Ct. 886, 43 L. Ed. Please try again. Dahill has lived with Santa in a single family house in Stratford, CT. Search for birth, death, marriage, divorce, US Census, and military records. 4 Whip objected thereto on September 13, 2010. 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. 2d 777 (1979). As of September 5, 2022, Freedom of Information Commission meetings and contested case hearings will resume being conducted in person. You're all set!
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