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FOIL Appeal Determination 2 for 05-18-5A (Barbara Zajac)

March 24, 2006

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

March 24, 2006

Mrs. Barbara Zajac
71 Melrose Avenue
Croton on Hudson, New York 10520-2643

Re: Your Request Dated February 22, 2006

Dear Mrs. Zajac:

This is in response to your request to obtain copies of two records (Notice of Intention to Offer Statement [People v. Michael Spear] and the Voluntary Statement of Joseph F. Dougal). Previously, copies of both documents were provided to you pursuant to your Freedom of Information Law ("FOIL") request and subsequent appeal. However, the copy of the Notice of Intention to Offer Statement provided to you did not include the officer's signature. As to the Voluntary Statement, the document provided was not signed or dated and did not include witness signatures. In addition, certain information was redacted from the Voluntary Statement for reasons of personal privacy (see Public Officers Law § 87[2][b]).

I have contacted Department of Environmental Conservation Officer Fred Stannard who was responsible for the file. He advised me that executed originals of both documents had been submitted to the Town of Elizabethtown criminal court. He further advised that the Department did not retain copies of the executed submissions and only the preliminary (unsigned/undated) copies were in the file. In light of the foregoing, you may want to contact the Town of Elizabethtown court directly to inquire about the availability of the file in the Spear proceeding.

As noted, the unexecuted copy of the Voluntary Statement in the Department's file contained information that was redacted from the copy previously provided to you. However, as indicated in the Department's FOIL appeal determination dated December 30, 2005, that information was withheld pursuant to the personal privacy provisions of FOIL and shall continue to be withheld.. If you have any questions, please feel free to contact me.

Very truly yours,

/s/
Louis A. Alexander
Assistant Commissioner

cc: Officer Fred Stannard

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