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FOIL Appeal Determination for 07-16-5A (Kenneth Bartholomew 2)

August 10, 2007

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.ny.gov/

August 10, 2007

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Mr. Kenneth Bartholomew
8 Elizabeth Street
Apartment 107
Whitehall, New York 12887

Re: Freedom of Information Law ("FOIL") Appeal No. 07-16-5A

Dear Mr. Bartholomew:

This is in response to your letter dated August 1, 2007 in which you state that you are filing a "second appeal" to Department staff's denial of access to certain records in the above-referenced matter. Please be advised that the Department issued a final determination with respect to this matter by letter dated April 3, 2007. There is no basis to reopen that final determination.

You state in your August 1, 2007 letter that this office "ignored" your first appeal. That is incorrect. The Department, pursuant to your appeal, reviewed the records that were withheld and determined that a number of records were releaseable, as set forth in the April 3, 2007 final determination. The records determined to be releaseable were mailed to you under cover of that letter. For your convenience, I have enclosed a copy of the April 3, 2007 final determination letter that was previously sent to you.

Furthermore, in your latest correspondence, you include a letter dated March 13, 2007 in which you refer to a prior letter dated March 9, 2007 which you attribute to me. Please be advised that the March 9, 2007 letter was from Region 5 of the Department of Environmental Conservation. In our final determination, you were informed that you have the right to seek judicial review of the determination pursuant to Article 78 of the New York Civil Practice Law and Rules.

Sincerely yours,.

/s/

Louis A. Alexander
Assistant Commissioner

Enclosure

cc: Robert Freeman, Executive Director
Committee on Open Government
Ruth Earl, Records Access Officer

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