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****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** GLENFED MORTGAGE CORPORATION v. NANCY R. CROWLEY ET AL. (AC 21092)
Foti, Landau and Pellegrino, Js. Considered September 27--officially released November 16, 2000* Counsel

Michele D. Sensale, in support of the motion. Frederick J. Miano, in opposition.
Opinion

FOTI, J. The defendants, Nancy R. Crowley and Frederick J. Miano,1 appeal from the trial court's order of execution for ejectment following the court's supplemental judgment ratifying a mortgage foreclosure sale. The plaintiff, Glenfed Mortgage Corporation (Glenfed), now moves to dismiss the appeal as untimely and frivolous. We agree that the appeal should be dismissed as frivolous. Glenfed commenced this foreclosure action against Miano and Crowley on November 14, 1995. On February 2, 1996, Glenfed filed a motion for a judgment of strict foreclosure and for possession. That motion was not

heard, however, until April 14, 1998, because Miano filed for chapter 13 bankruptcy on November 1, 1996. The filing of the bankruptcy petition stayed the trial court proceedings until the bankruptcy case was dismissed by the United States Bankruptcy Court for the District of Connecticut on February 26, 1997. On April 14, 1998, the court, Hon. Daniel F. Spallone, judge trial referee, denied Glenfed's motion for a judgment of strict foreclosure and rendered a judgment of foreclosure by sale. The court set a sale date of June 27, 1998. No appeal was taken from the judgment of foreclosure. Thereafter, Miano again filed for bankruptcy. Glenfed then filed a motion in the Bankruptcy Court for relief from the bankruptcy stay. On August 11, 1998, the Bankruptcy Court granted Glenfed's motion for relief from stay to allow it to proceed with the foreclosure action. On August 17, 1998, Glenfed filed a motion to open the judgment, which was granted by the court, Arena, J., on August 31, 1998, and a new sale date of October 31, 1998, was set. Thereafter, Crowley filed for bankruptcy. Crowley's case was dismissed by the Bankruptcy Court on December 9, 1998. Glenfed then filed a motion to reopen the trial court's judgment on December 17, 1998. The court, Arena, J., granted the motion on February 1, 1999, and set a new sale date of April 10, 1999. On March 31, 1999, Miano filed for bankruptcy for the third time in almost two and one-half years. The Bankruptcy Court modified the automatic stay on June 1, 1999, to allow Glenfed to proceed with the foreclosure action. Subsequently, Glenfed filed another motion to reopen the trial court's judgment, which was granted by the court, Arena, J., on June 29, 1999, and a September 11, 1999 sale date was set. The September 11, 1999 sale apparently did not proceed because Glenfed filed a motion to reopen on October 26, 1999, claiming that Miano's bankruptcy case had been dismissed and the stay lifted.2 On November 3, 1999, the court, Munro, J., granted Glenfed's motion and set a January 29, 2000 sale date. The sale of the property took place on January 29, 2000. On February 11, 2000, the committee for sale filed a motion for approval of the committee sale, approval of the committee deed, acceptance of the committee report, allowance of fees and expenses, and allowance of the appraiser's fee. The court, Arena, J., granted the committee's motion on March 13, 2000. No appeal was taken from the approval of the sale. Thereafter, the court rendered a supplemental judgment on May 5, 2000, ratifying and confirming the sale, approving the conveyance, and ordering Miano and Crowley to deliver the property to the purchaser. Notice of the supplemental judgment was issued to all parties of record on May 10, 2000. On May 30, 2000, during the appeal period, Miano filed a motion to reargue the

rendering of the supplemental judgment. At some point prior to June 12, 2000, however, Miano marked off the motion to reargue.3 No appeal was taken from the supplemental judgment ratifying the sale. On July 28, 2000, the court, Schuman, J., signed an order of execution for ejectment, with notice sent to all parties of record on August 3, 2000. Miano and Crowley then appealed from the ejectment order on August 11, 2000. Glenfed, on August 21, 2000, filed a motion to dismiss the appeal, to which Miano and Crowley now object. On appeal, Miano and Crowley claim that an execution of ejectment order should not have issued because a motion to reargue the supplemental judgment ratifying the sale had been filed during the appeal period, and the trial court has yet to act on it. Miano and Crowley are correct in stating that the timely filing of the motion to reargue tolled the appeal period. See Practice Book

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