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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. ****************************************************** STATE OF CONNECTICUT v. JOHN R. BURNAKA ET AL. (AC 19835)
Foti, Zarella and Dupont, Js. Argued September 25--officially released December 5, 2000 Counsel

Steven P. Kulas, with whom, on the brief, was Prescott W. May, for the appellant (named defendant). Gary G. Williams, assistant attorney general, with whom were Edward F. Reynolds, Jr., assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, for the appellee (plaintiff).
Opinion

DUPONT, J. The defendant, John R. Burnaka, appeals from the trial court's granting of the motion for summary judgment filed by the plaintiff, the state of Connecticut,1 in this interpleader action. On appeal, the defendant2 claims that the court improperly (1) granted summary judgment without allowing him to present evidence of a prior settlement between the parties and (2) rendered judgment in favor of the plaintiff without deciding whether the prior settlement barred the state

from recovery. We affirm the judgment of the trial court. The facts giving rise to this appeal are as follows. The defendant filed a personal injury action in June, 1994. In May, 1996, the plaintiff learned of the action and notified the defendant of his obligation, should he recover money in that action, to reimburse the plaintiff for aid to families with dependent children that it had paid out for the defendant's minor child. The plaintiff also informed the defendant of its intention to assert a statutory lien on any moneys recovered in that action. Pursuant to General Statutes (Rev. to 1995)

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Connecticut Law