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FOIL Appeal Determination for 05-16-3A (Shannon Martin LaFrance)

December 14, 2005

New York State Department of Environmental Conservation
Office of Hearings and Mediation Services, 1st Floor
625 Broadway, Albany, New York 12233-1550
Phone: (518) 402-9003 FAX: (518) 402-9037
Website: www.dec.state.ny.us

December 14, 2005

Shannon Martin LaFrance, Esq.
35 Main Street, Suite 541
Poughkeepsie, New York 12601

Re: Freedom of Information Law ("FOIL")
Requests Nos. 675-3/05 (Region 3)
and 05-1409 (Central Office)
FOIL Appeal No. 05-16-3A

Dear Ms. LaFrance:

On November 17, 2005, the Office of Hearings and Mediation Services ("OHMS") received your Freedom of Information Law appeal stating that you had not received a decision granting or denying access to records requested in letters sent on August 2, 2005 to the Department's central and Region 3 offices. Your request was for records concerning an administrative enforcement action against Mac's Cleaning Service, in Newburgh, New York, for allegedly failing to timely register a petroleum bulk storage tank.

Elissa Armater, of the Division of Environmental Enforcement, notified you on October 11, 2005 that the responsive records were in the DEC Region 3 Office. However, the records were not forwarded to you at that time.

On December 1, 2005, the records custodian in the DEC Region 3 Office notified OHMS that he sent to you the file of Petroleum Bulk Storage (PBS) facility #3-601267, and did not withhold any of the records in this file. These records were sent from Region 3 with a letter dated November 30, 2005. On December 8, 2005, Administrative Law Judge Susan J. DuBois spoke with Josh Betz, of your office, and Michael Knipfing, of DEC Region 3, to inquire whether the response to your request was complete. Mr. Knipfing confirmed that all records in the DEC Region 3 office that are responsive to your request have been provided, and that no unit in Region 3 other than the Petroleum Bulk Storage unit has any other records subject to your FOIL request.

Based on our review, the above responses resolve your November 17, 2005 appeal and the appeal file shall be closed. If you have any questions, please feel free to contact us.

Sincerely yours,

Louis A. Alexander
Assistant Commissioner for Hearings and Mediation Services


Susan J. DuBois
Administrative Law Judge

cc: Robert Freeman, Executive Director,
Committee on Open Government

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