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Hearing officer dismisses Branford appeal after appellant fails to appear
Summary
A Department of Public Health hearing officer dismissed an appeal of a notice of violation for 21 Brainerd Road in Branford after the appellant did not appear; the Department said notices were sent by certified and regular mail and email and a written dismissal will be mailed.
Aiden Baum, the hearing officer for the Connecticut Department of Public Health, dismissed an appeal of a notice of violation for the property at 21 Brainerd Road in Branford on May 7, 2026, after the appellant failed to appear for the scheduled hearing.
Baum said the hearing, convened over Microsoft Teams, was conducted under Connecticut general statutes and state agency regulations and that no counsel had filed an appearance on behalf of the appellant. "Given that testimony, I find that sufficient notice has been given to the respondent who has failed to appear," Baum said, and added, "I have no choice but to dismiss this appeal." He said a written dismissal would be mailed to the parties.
Lorraine Walker, a paralegal specialist at the Department of Public Health who handles appeals intake, testified that the Department sent the notice "by, certified mail, regular mail, and then emailed" to the appellant's address, and that the notice specified the hearing date and time as Thursday, May 7, 2026, at 10 a.m. Walker said there had been email exchanges in which the appellant indicated he "didn't want the hearing anymore" or used similar language but did not provide a clear confirmation when asked to verify scheduling options.
Michael Pascuzzilla, director of public health for the East Shore Health District, said his office did not have counsel appearing but had consulted counsel for the town of Branford. Bill Aniskovich, a member of the Branford Town Council, joined by audio and acknowledged the hearing proceedings.
Baum characterized the dismissal as procedural for "failure to prosecute" and said the Department will mail a written dismissal within a few days and advised parties with questions to contact the public health hearing office. No formal continuance or withdrawal by the appellant was recorded on the hearing record.
The Department's statement that notices were delivered by certified mail, regular mail and email is based on Walker's sworn testimony to the hearing officer during the session. The matter recorded on May 7, 2026, is therefore administratively closed by the hearing officer's dismissal; the Department will issue the written dismissal to the parties and maintain the record of the decision.
