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FOIL Appeal Determination for 06-03-8A (David J. Seeger)

February 9, 2006

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

February 9, 2006

BY FACSIMILE TRANSMISSION
David J. Seeger
Attorney at Law
69 Delaware Avenue
Buffalo, New York 14202

Re: Freedom of Information Law ("FOIL") Appeal No. 06-03-8A
FOIL Request No. 05-1277 (Walgreens, East Ridge Road/Culver)

Dear Mr. Seeger:

Following our recent telephone conversation you provided me with a memorandum dated January 25, 2006, in which you identified DEC Staffperson Timothy Walsh as having knowledge of a spill event regarding the Walgreens, East Ridge Road/Culver property which is the subject of your FOIL inquiry. In following up with Mr. Walsh, DEC Staff has identified a Spill Number for the event; the Regional Staff advises that Spill records are accessed by Spill Number.

Regional Staff has identified records responsive to your request in a Spill file. Staff is not asserting any exemption regarding these records. Please contact the DEC Region 8 FOIL Officer, Kim Shutts (Tel: 585-226-2466), to arrange to review these records. Based upon this disposition which fully satisfies your FOIL request, we deem your FOIL appeal, above referenced, withdrawn.

Sincerely yours,


/s/
Kevin J. Casutto
Administrative Law Judge

cc: Louis Alexander, Assistant Commissioner
Paul D'Amato, Region 8 Regional Attorney
Kim Shutts, Region 8 FOIL Coordinator
Robert Freeman, Executive Director,
Committee on Open Government

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