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FOIL Appeal Determination for 05-21-5A (Matthew D. Norfolk)

January 10, 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

January 10, 2006

Matthew D. Norfolk, Esq.
Smith, Dwyer and Bliss, P.C.
2296 Saranac Avenue
Lake Placid, New York 12946

Re: Freedom of Information Law Appeal No. 05-21-5A

Dear Mr. Norfolk:

On December 23, 2005, the Office of Hearings and Mediation Services received your Freedom of Information Law (FOIL) appeal. The appeal stated that you had not received a decision granting or denying access to records requested in your letter of August 23, 2005 to the Department of Environmental Conservation's Region 5 Office. The request was for records concerning enforcement of the Department's regulation governing operation of motorized vehicles, vessels and aircraft in the forest preserve in Region 5, and four other categories of records as described in your letter.

On December 30, 2005, Christopher A. Lacombe, Regional Attorney for DEC Region 5, sent us a copy of his December 28, 2005 response to your request. The response provided access to certain records, withheld other records based upon exemptions identified in Public Officers Law (POL) §87(2), and objected to the scope of four requests that were for records over a 20-year period.

Mr. Lacombe's letter stated that if you wish to appeal the denial of access to the records he withheld, you may do so within 30 days by writing to the Assistant Commissioner for Hearings and Mediation Services. The December 30, 2005 letter resolves your December 23, 2005 appeal regarding a lack of response. If, however, you wish to appeal the December 30, 2005 denial of access to documents, you may do so as described in Mr. Lacombe's December 30, 2005 letter.

Sincerely yours,


/s/
Louis A. Alexander
Assistant Commissioner for Hearings and Mediation Services


/s/
Susan J. DuBois
Administrative Law Judge

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

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