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FOIL Appeal Determination for 09-05-5A (Alan Schenk, February 4, 2009)

February 4, 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 4, 2009

Alan Schenk, General Manager
LCS, Inc.
232 Delaware Avenue, Suite 33
Buffalo, New York 14202

Re: Freedom of Information Law ("FOIL") Appeal No. 09-05-5A
FOIL Request No. 08-383
3071 US Route 11, Mooers, New York

Dear Mr. Schenk:

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 3071 US Route 11, Mooers, New York.

It has been determined by Region 5 staff that the records that were sent to you did not pertain to the requested address of 3071 US Route 11, Mooers, New York, but to another address within Mooers, New York. Based on this discovery, Region 5 staff have searched through their records and have found responsive records to the address you requested. The Department is not withholding any records from disclosure in regarding to your actual request. 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 Based upon this disposition which fully satisfies your FOIL request, we deem your FOIL appeal, above referenced, withdrawn.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
Sheryl Quinn, Region 5 FOIL Coordinator

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