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FOIL Appeal Determination for 08-19-0B (Scott Ely, July 14, 2008)

New York State Department of Environmental Conservation
Office of General Counsel, 14th Floor
625 Broadway, Albany, New York 12233-1500
FAX: (518) 402-9018 or (518) 402-9019
Website: www.dec.ny.gov

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

July 14, 2008

Scott Ely, Esq.
Featherstonhaugh, Wiley & Clyne, LLP
99 Pine Street
Albany, New York 12207

Re: Freedom of Information Law ("FOIL") Appeal No. 08-19-0B
FOIL Request No. 08-998, 08-1010
NYS Endangered/Threatened Species License "no contact" provision
NYS Endangered/Threatened Species License removed provisions

Dear Mr. Ely:

This is in response to your appeal, pursuant to the New York State Freedom of Information Law ("FOIL", codified at §§ 84-90 of the Public Officers Law ["POL"]), from the constructive denial of access to certain records pertaining to the Endangered/Threatened Species License provisions.

It is my understanding that since my last letter to you of July 7, 2008, program staff, particularly Patrick Martin of the Fish, Wildlife and Marine Resources division, responded to your request on July 10, 2008 with all responsive records. Staff is not asserting any exemptions regarding these records. Based upon this disposition which fully satisfies your FOIL request, we deem your FOIL appeal, above referenced, withdrawn. Should you have any questions regarding this matter, please do not hesitate to contact me. In any communications with this office regarding this appeal, please use the above mentioned appeal number.

Very truly yours,


/s/
Dena N. Putnick, Esq.
FOIL Appeals Officer


cc: Robert Freeman, Executive Director
Committee on Open Government

Ruth Earl, Records Access Officer

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