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FOIL Appeal Determination for 09-03-1B (William Haley, February 3, 2009)

February 3, 2009

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: http://www.dec.ny.gov/

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

February 3, 2009

William Haley
c/o Kelly & Hulme, P.C.
Attn: James N. Hulme
323 Mill Road
Westhampton Beach, NY 11978

Re: Freedom of Information Law ("FOIL") Appeal No. 09-03-1B
FOIL Request No. 08-1166
61 Old Country Road, East Quogue, New York

Dear Mr. Haley and Hulme:

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 denial of access to certain records pertaining to 61 Old Country Road, East Quogue, New York - SCTM# 900-316-1-41.001. By letter dated January 6, 2009, DEC Region 1 staff released records responsive to your request and claimed others were exempt from disclosure as inter-agency or inter-agency communications, exempt pursuant to POL §87(2)(g). By letter dated January 23, 2009, received on January 29, 2009, you filed this appeal with my office from the denial of access to the withheld records.

It is my understanding that since my last letter to you of January 29, 2009, Region 1 staff have caught a clerical error in their January 6, 2009 letter to you. Region 1 staff has informed me that no records have been withheld from disclosure in regards to FOIL request No. 08-1166. Based upon this disposition which fully satisfies your FOIL request, we deem your FOIL appeal, above referenced, withdrawn.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.

Sincerely yours,

/s/

Dena N. Putnick, Esq.
FOIL Appeals Officer

cc: Robert Freeman, Executive Director, Committee on Open Government
Ruth Earl, Records Access Officer
Nancy Pinamonti, Region 1 FOIL Coordinator

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