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STEVEN TESTA v. VICKIE GERESSY (SC 17970)
Rogers, C. J., and Norcott, Vertefeuille, Zarella and Schaller, Js. Argued November 19, 2007--officially released April 1, 2008

Melissa Testa, with whom was AnnMarie Alexander, for the appellant (plaintiff). Jane R. Rosenberg, assistant attorney general, with whom were Ronald Blanchette, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, for the appellee (state support enforcement services).

Opinion

NORCOTT, J. This appeal requires us to consider the statutory authority of the office of the attorney general (state) to appear and plead in proceedings before a family support magistrate to enforce a child support order. The plaintiff, Steven Testa, appeals1 from the judgment of the trial court, Hon. John R. Caruso, judge trial referee, denying the plaintiff's appeal from the decision of the family support magistrate, Harris T. Lifshitz, which denied the plaintiff's motion to vacate the Connecticut registration of a child support order that originally had been issued in the state of Illinois in 1990 (1990 order), as well as his motion to terminate further proceedings in this action. On appeal, the plaintiff claims that Judge Caruso improperly denied the plaintiff's appeal because: (1) Magistrate Lifshitz lacked authority because exclusive jurisdiction over this matter lay with the trial court until a final determination was made on the merits of the state's2 appeal from the prior decision of the family support magistrate, John E. Colella; and (2) Judge Caruso should have overruled the prior conclusion of the trial court, Prestley, J., that the state and support enforcement services have statutory standing to appear and plead in this matter. The plaintiff further contends that Judge Caruso's failure to reach the plaintiff's other claims on appeal from the decision of Magistrate Lifshitz violated the plaintiff's right to remedy by due course of law under article first,

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