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FOIL Appeal Determination for 04-23-5a (John L. Orfan)

October 22, 2004

New York State Department of Environmental Conservation Assistant Commissioner
Office of Hearings and Mediation Services, 14th Floor
625 Broadway, Albany, New York 12233-1550
Phone: (518) 402-8537 FAX: (518) 402-9016
Website: www.dec.state.ny.us

October 22, 2004

John L. Orfan, Esq.
Friedman, Hirschen, Miller & Campito, P.C.
131 State Street
P.O. Box 1041
Schenectady, New York 12301-1041

Re: Freedom of Information Law("FOIL") Appeal No. 04-23-5A

Dear Mr. Orfan:

We have received and reviewed the Special Incident Report on a boat accident that was withheld in response to your FOIL request dated August 19, 2004. We have also reviewed the August 26, 2004 denial letter that indicates that the report was withheld pursuant to Public Officers Law section 87(2)(g). That section exempts from disclosure materials that are "inter-agency or intra-agency materials" that are not statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits.

Based on our review of the report and the applicable legal authority, we have determined that the report should be released. Accordingly, a copy of the report is enclosed with this letter.

Sincerely yours,


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


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

cc: Robert Freeman, Executive Director
Committee on Open Government

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