409 A.2d 1040 | Conn. Super. Ct. | 1979
The plaintiff, a resident of the city of New Haven, brought this paternity proceeding in March, 1975. In September, 1976, the parties reached a settlement in which the plaintiff, in exchange for $3000, executed a general release in favor of the defendant and filed a withdrawal of the proceeding with the court. When the withdrawal was filed on September 17, 1976, the approval of the court was neither requested nor granted. Although between April 8, 1974, and June 15, 1976, the plaintiff had received from the state *502 over $4500 in public assistance for herself and for her child, no approval of the settlement by the commissioner of social services (now the commissioner of human resources) or the attorney general was sought or obtained. On August 31, 1977, the court acted on the defendant's motion to approve the withdrawal with knowledge that the plaintiff had been the recipient of city and state public assistance prior to the commencement of the paternity proceeding. Nevertheless, it approved the withdrawal on two grounds: (1) There was no agreement of settlement of the paternity action; and (2) neither the plaintiff nor her child was then receiving city or state public assistance. On September 9, 1977, the plaintiff filed an appeal from the court's order of approval.
Before proceeding to a consideration of the merits we are confronted with the threshold question of whether the attorney general has standing to participate in this appeal. General Statutes
The plaintiff challenges the trial court's order approving the withdrawal of her petition. Because *503
the determination of this issue is dispositive of the appeal we need not consider the plaintiff's other assignments of error. The plaintiff withdrew her petition in September, 1976. In the absence of a statute or rule, her right to do so could not be questioned so long as the withdrawal did not injuriously affect rights of the defendant acquired by reason of the action. Bristol v. Bristol Water Co.,
Under
There is error, the judgment is set aside and the case is remanded to the Superior Court