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FOIL Appeal Determination 2 for 05-17-0A (John P. Whitton)

December 28, 2005

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

December 28, 2005

Mr. John P. Whitton
206 West Side Drive
Ballston Lake, New York 12019

Re: Freedom of Information Law ("FOIL") Appeal No. 05-17-0A

Dear Mr. Whitton:

We are in receipt of your check in the amount of three (3) dollars for the copies of the twelve pages identified for release pursuant to your FOIL appeal. Copies of those pages, which include enforcement tickets and complaint forms, are enclosed.

In your letter dated December 21, 2005 transmitting payment for the copies, you inquired whether reports prepared by the Department of Environmental Conservation enforcement officers were being released. Any inspection reports, other than complaint forms, were initially withheld pursuant to Public Officers Law § 87(2)(g). The withholding of these reports was affirmed in the FOIL appeal determination (please refer to my letter dated December 15, 2005).

With respect to the field inspection reports that you indicated are "created by the wetlands group and biologist when such inspections are performed," I have contacted Region 5 to determine if any such reports exist and, if so, to have those forwarded to me for review in accordance with the Public Officers Law and the exceptions to FOIL. If you have not heard back from me regarding this matter by January 16, please feel free to call me. I hope, however, to have a response for you prior to that time.

Sincerely,


/s/
Louis A. Alexander
Assistant Commissioner

Enclosures

cc: Ruth Earl, Records Access Officer (w/enclosures)
Linda Branch, Region 5 (w/enclosures)

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