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FOIL Appeal Determination for 04-03-0A (Andrew Leja)

February 20,2004

New York State Department of Environmental Conservation
Office of Hearings and Mediation Services, 1st Floor
625 Broadway, Albany, New York 12233-1550
Phone: (518) 402-9003 FAX: (518) 402-9037
Website: www.dec.state.ny.us

February 20,2004

Andrew J. Leja, Esq.
Hiscock & Barclay
P.O. Box 4878
221 South Warren Street
Syracuse, New York 13221-4878

Re: 6 NYCRR Part 227-2 Revisions
FOIL Appeal No. 04-03-0A

Dear Mr. Leja:

This office has completed its review of the documents that staff withheld in response to your Freedom of Information Law (FOIL) request of July 14, 2003. Of the 25 documents that were withheld, we have determined that 18 are releaseable in their entirety.

Of the remaining seven documents, three are releaseable in part, and four are exempt from FOIL. These seven documents are exempt from FOIL, in whole or in part, pursuant to Public Officers Law § 87(2)(g) because they contain intra- and/or inter-agency deliberative communications which are not statistical or factual tabulations of data, instructions to staff that affect the public, final agency policy or determinations, or external audits. We have redacted the exempt portions from the three documents that are releaseable in part.

Concerning your query with respect to privilege logs, there is no requirement in the Freedom of Information Law requiring that DEC either create or produce such logs.

Based on our review, a total of 68 pages are releaseable. If you wish copies of the releaseable records, please send a check to the Office of Hearings and Mediation Services for $17.00 (.25/page) made payable to the New York State Department of Environmental Conservation. If you would rather review the documents in our office, please contact Ms. Deborah Vachon at the above-referenced phone number to make arrangements. Please reference FOIL Appeal No. 04-03-0A in any communications with our office. If you have not contacted our office or submitted payment within 30 days of the date of this letter, we will conclude that you do not wish to receive or review the documents and they will be returned to the files.

This letter constitutes the final determination of the Department on your FOIL appeal of January 21, 2004. You have the right to seek review of this determination pursuant to Article 78 of the Civil Practice Law and Rules, and Public Officers Law § 89(4)(b). Thank you for your cooperation.

Very truly yours,

/s/
Louis A. Alexander
Assistant Commissioner

/s/
Helene G. Goldberger
Administrative Law Judge

cc: Michael Jennings
Ruth Earl, DEC Records Access Officer
Robert Freeman, COOG

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