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FOIL Appeal Determination for 04-29-0A (Christopher A. Amato)

November 12, 2004

New York State Department of Environmental Conservation
Assistant Commissioner
Office of Hearings and Mediation Services, 14th Floor
625 Broadway, Albany, New York 12233-1010
Phone: (518) 402-8537 FAX: (518) 402-8541
Website: www.dec.state.ny.us

November 12, 2004

Christopher A. Amato, Esq.
79 North Pearl Street
Albany, New York 12207

Re: FOIL Request #04-1514

Dear Mr. Amato:

On October 12, 2004, you submitted a request pursuant to the New York State Freedom of Information Law ("FOIL"), on behalf of the Fishkill Ridge Community Heritage, for six categories of records relating to Thalle Industries, Inc.

Subsequently, on November 5, 2004, you submitted an appeal stating that you had not received any response to your request for access to "DEC's records relating to, inter alia, the recusal of Commissioner Erin Crotty from determination of FRCH [Fishkill Ridge Community Heritage]'s appeal of the administrative law judge's decision in Matter of the Application of Thalle Industries, Inc." In your appeal, you had requested that DEC immediately provide access to the requested records or, alternatively, that the Department provide you with a written response explaining the reasons for any denial of access.

Ruth Earl, who is the Records Access Officer for the Department of Environmental Conservation ("Department"), has provided me with a copy of a letter dated November 10, 2004 by which she responded to your FOIL request. With the response, Ms. Earl forwarded to you the records that were being released, and set forth the statutory basis for withholding the remaining records. Accordingly, the November 10, 2004 response resolves your appeal. If, however, you wish to appeal regarding any of the records that were withheld, please be advised that you may file a separate appeal.

Very truly yours,

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

cc: Ruth Earl, Records Access Officer
Robert Freeman, Executive Director,
Committee on Open Government

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