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FOIL Appeal Determination for 04-22-5A (Beth Schiller and Dr. Josh Schwartzberg)

December 16, 2004

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

December 16, 2004

Ms. Beth Schiller
Dr. Josh Schwartzberg
RR1 Box 180
Essex, New York 12936

Re: Freedom of Information Law ("FOIL") Appeal No. 04-22-5A

Dear Ms. Schiller and Dr. Schwartzberg:

We have received the records related to the fire west of the Middle Road in Essex County in May, 2001. We have reviewed the records and are releasing the following documents to you:

1) Request for Use of Aircraft for Program Support;

2) Incident Status Summary (2 pages) for this fire, dated May 9, 2001 and completed by Captain Andrew T. Jacob;

3) Two New York State Wildland Fire Incident Reports, dated May 7, 2001 and completed by Forest Ranger Gary B. Friedrich;

4) New York Additions form, related to the fire and costs associated with fighting the fire; and

5) Forest Fire Control Supplemental Cost Sheet dated June 18, 2001 and completed by Forest Ranger Gary B. Friedrich, with attachments (7 pages).

Public Officers Law (POL) §87(2)(g) exempts from disclosure inter-agency or intra-agency materials that are not (i) statistical or factual tabulations or data, (ii) instructions to staff that affect the public, (iii) final agency policy or determinations, (iv) external audits, including but not limited to audits performed by the comptroller and the federal government. We are withholding one page of the records we reviewed. It is an e-mail communication between employees of this agency which does not fall into the four subcategories (i) - (iv) listed above. It is therefore exempt pursuant to POL §87(2)(g).

The documents being released contain a total of 13 pages. If you wish to be provided with copies of the documents, please send a check for $3.25 to this office within 30 days of the date of this letter, payable to the New York State Department of Environmental Conservation to cover copying costs (13 pages at $.25/page). If you wish to review these documents in our office, please contact Deborah Vachon at (518) 402-9003 within this same 30 days. After that time, if you have not contacted Ms. Vachon or submitted your payment, the documents will be returned to their respective custodians in the agency.

This letter is a final determination of the Agency. You have the right to seek review of this determination pursuant to Article 78 of the Civil Practice Law and Rules, and POL §89(4)(b).

Sincerely yours,


/s/
Louis A. Alexander
Assistant Commissioner for Hearings
and Mediation Services

/s/
By: Molly T. McBride
Administrative Law Judge

Enc.

cc: Robert Freeman, Executive Director
Committee on Open Government - w/copy of appeal

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