Motion,Ex Parte: WASHINGTON HEIGHTS - SHERWIN DRIVE LLC v. TINGLEY, CRAIG

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                                DOCKET NO: HFH-CV23-6025172-S                      SUPERIOR COURT
  WASHINGTON         HEIGHTS-SHERWIN                 HOUSING SESSION
  DRIVE LLC
  vs                                                 AT HARTFORD
  CRAIG TINGLEY                                      AUGUST 4, 2023

                                 MOTION TO QUASH EXECUTION
                                       ([AUDITA QUERELA!

       The Defendant, Craig Tingley (“Defendant”), hereby moves for an order (in the nature of

a writ of audita querela) to quash an execution issued upon the judgment in this summary

process action, and in support of this motion, states the following:

       1. On July 5, 2023 the Plaintiff, Washington Heights-Sherwin Drive LLC (‘Plaintiff’),

obtained judgment of possession against the Defendant.

       2.   On August 1, 2023, Defendant filed an Application for a Writ of Audita Querela,

which was granted by the Court on August 2, 2023.       Entry #s 108.00 and 108.10.

       3.   A hearing on Defendant's Application has been scheduled on August 15, 2023.

       4.   The Defendant gives the following reasons why this motion should be granted:

            a   Defendant was diagnosed with Schizophrenia when he was 20 years old (he is
                currently 58 years old). His siblings have had primary oversight for his care and
                well-being for the past four years after their parents’ passing.

                Defendant is enrolled as a patient with CHR, a state-run program for people with
                mental iliness.
Defendant was unrepresented throughout this matter.

              On July 28, 2023, after the Judgment of Possession was issued by the Court,
              CHR agents were visiting Defendant at the Premises. While they were there, he
              suffered three seizures; the CHR people called 911 and he was brought to St.
              Francis Hospital. The doctors indicated that Defendant has cancer in his brain,
              lungs and stomach.

              Jeffrey Tingley (“Jeff’) (Defendant's brother), is attempting to obtain
              conservatorship of Defendant due to his health and mental illness, which, upon
              information and belief, CHR representatives fully support.

              In the past, if Defendant was late on rent, Plaintiff would contact Jeff and Jeff
              would pay whatever rent Defendant owed. Jeff believed all rent was current until
              learning of this action. Otherwise, he would have paid the two months past due
              rent alleged in Plaintiffs Complaint. He is willing and able to pay any arrearage
              and for any additional rent for August due if a stay of execution is extended
              through August 30, 2023.

              Defendant is now under hospice care and he requests the execution be quashed
              to allow his family to assist with moving out his belongings.

              Due to the unfortunate circumstances with Defendant's health, it’s imperative the
              Court grant this Motion.


       4      The Connecticut Supreme Court has stated that “[aludita querela is a remedy

granted in favor of one against whom execution as issued on a judgment, the enforcement of

which would be contrary to justice because of (1) matters arising subsequent to its rendition, or

(2) prior existing defenses that were not available to the judgment debtor in the original action,

or (3) the judgment creditor's fraudulent conduct or circumstances over which the judgment

debtor had no control.” Oakland Heights Mobile Park, Inc. v. Simon, 40 Conn. App. 30, 32
(1995).
          WHEREFORE,     Defendant moves that the judgment of possession and resulting

execution, be quashed.




                                          DEFENDANT- CRAIG TINGLEY


                                                               lo
                                          By ~~"Michael SJ. iKopsick
                                                Kahan Kerensky Capossela LLP
                                                45 Hartford Turnpike
                                                P.O. Box 3811
                                                Vernon, CT 06066
                                                860.812.1744
                                                mkopsick@kkc-law.com
                                                His Attorneys
CERTIFICATION (P.B. § 10-14)

        | certify that a copy of the above was or will immediately be mailed or delivered
electronically or nonelectronically on August 4, 2023 to all counsel and self-represented parties
of record and that written consent for electronic delivery was received from all counsel and
self-represented parties of record who were or will immediately be electronically served.

       Michael H. Clinton, Esq.
       Law Offices of Michael H. Clinton
       212 New London Turnpike, Suite A
       Glastonbury, CT 06033-4202
       mclinton@clintonlawoffices.com
       kharrison@clintonlawoffices.com



                                         WA      Michael J. Kopsick, Esq.