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FOIL Appeal Determination for 06-25-4A (Peter Henner)

October 25, 2006

New York State Department of Environmental Conservation
Assistant Commissioner
Office of Hearings and Mediation Services, 14th Floor
625 Broadway, Albany, New York 12233-1550
Phone:(518) 402-8537 • FAX: (518) 402-9037
Website: www.dec.state.ny.us

October 25, 2006

Peter Henner, Esq.
P.O. Box 326
Clarksville, New York 12041-0326

Re: FOIL Appeal # 06-25-4A
Request of Peter Henner

Dear Mr. Henner:

In your appeal letter of October 17, 2006, you asserted constructive denial of records requested from the department's Region 4 Office, requests number 06-910 and 06-911.

On October 20, 2006, we contacted NYSDEC Region 4 Assistant Regional Attorney Ann Lapinski, Esq., who advised that the delay in release of the requested records was attributable to confidentiality claims asserted by two private companies, which claims have been resolved. Ms. Lapinski advised us that she contacted you on or before October 20, 2006 to state that the requested records would be available for release by Monday, October 23, 2006, and that you have made arrangements with her to review the records at your convenience. Therefore, your FOIL appeal, premised upon the constructive denial of access to records, has been rendered academic.

In any further communication with this office, please reference the above FOIL Appeal Number.

This letter is a final determination of the agency. You have the right to seek review of this determination pursuant to Article 78 of the Civil Practice Laws and Rules and Public Officers Law Section 89(4)(b).

Thank you for your patience.

Sincerely yours,

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

/s/
By:
Kevin J. Casutto
Administrative Law Judge

cc: Robert Freeman, Executive Director
Committee on Open Government
Ann Lapinski, Assistant Regional Attorney

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