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FOIL Appeal Determination for 05-04-0A (Gary A. Molnar)

November 7, 2005

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) 402-9037
Website: www.dec.state.ny.us

November 7, 2005

Mr. Gary A. Molnar, P.E.
Principal
FPM Group
909 Marconi Avenue
Ronkonkoma, New York 11779

Re: Freedom of Information Law Appeal No. 05-04-0A
Freedom of Information Request No. 05-581

Dear Mr. Molnar:

As you were advised by letter dated August 9, 2005, the law firm of Young, Sommer . . . LLC, on behalf of Shaw Environmental & Infrastructure of New York, PC ("Shaw"), had, pursuant to the New York State Freedom of Information Law ("FOIL"), submitted a request for, among other things, copies of the responses to the Request for Proposal for the Procurement of Standby Consulting Engineering Services for Investigation and Design, October 19, 2004 (Contract Nos. D004440-D004446) and to the Request for Proposal for the Procurement of Standby Consulting Engineering Services for Design and Construction, October 19, 2004 (Contract Nos. D004433-D004439) issued by the New York State Department of Environmental Conservation ("Department").

Your company submitted a response to the Request for Proposal for the Procurement of Standby Consulting Engineering Services for Investigation and Design, and, by letter dated August 11, 2005, requested that the Department consider your company's response to be a "trade secret."

I have been advised by Department attorney Meta R. Murray that Shaw no longer wishes to pursue its request to inspect your company's response to the Request for Proposal for the Procurement of Standby Consulting Engineering Services for Investigation and Design. In light of the foregoing, the Department's review of your company's response to determine whether and to what extent the FOIL trade secret exemption applies has been discontinued. We have advised the Department's Division of Environmental Remediation that, if Shaw should reinstate its request for access to your company's response or some other requestor requests access to your company's response pursuant to FOIL, the review of your response with respect to the FOIL trade secret exemption will need to be resumed.

If you have any questions, please contact me at (518) 402-8537.

Very truly yours,


/s/
Louis A. Alexander
Assistant Commissioner

cc: Meta R. Murray, Esq.
James Seaman, Esq.
Ruth Earl, Records Access Officer

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