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FOIL Appeal Determination for 05-06-6A (Gene P. Kring)

June 30, 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

June 30, 2005

Mr. Gene P. Kring
43429 NYS Route 37
Redwood, New York 13679

Re: FOIL Request #91 - FOIL Appeal No. 05-06-6A
Mud Lake Outflow

Dear Mr. Kring:

Pursuant to your May 15, 2005 Freedom of Information Law (FOIL) request referenced above, the Region 6 staff of the New York State Department of Environmental Conservation (Department) provided you with various records but advised that it was withholding one document. On June 16, 2005, this office received your appeal in which you requested that the withheld document be released.

Region 6 staff have provided this office with the document that was withheld. The document contains two e-mails between Department staff. Based upon my review, I agree with the Region 6 staff's determination to withhold it pursuant to Public Officers Law (POL) § 87(2)(g) as the document is comprised of intra-agency non-final deliberative information. Accordingly, it is exempt from disclosure under FOIL.

This letter constitutes the final determination of the Department with respect to your FOIL appeal. You have the right to seek judicial review of this determination in an Article 78 proceeding in New York State Supreme Court pursuant to POL § 89(4)(b).

Very truly yours,


/s/
Louis A. Alexander
Assistant Commissioner

cc: Robert Freeman, Executive Director
Committee on Open Government
Ruth Earl, Records Access Officer
John Moesel, Region 6

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