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FOIL Appeal Determination for 09-10-0A (Thomas Maxson, March 24, 2009)

March 24, 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: www.dec.ny.gov

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

March 24, 2009

Thomas F. Maxson
Animal Rights Federation of New York
103 Whangtown Road
Kent Lakes, New York 10512

Re: Freedom of Information Law ("FOIL") Appeal No. 09-10-0A (second response)
FOIL Request No. 08-2466
Sightings or release of predatory animals in southern New York

Dear Mr. Maxson:

This is a follow up to my earlier response of March 5, 2009 to your appeal regarding sightings or release of predatory animals in southern New York. Through my determination of March 5, 2009 I released certain records as responsive to your request. I withheld certain records or portions thereof that consisted of personal privacy information (Public Officers Law ("POL") §87(2)(b)) or inter-agency deliberative communications (POL §87(2)(g)).

I have received responsive records from Cornell University. The University is conducting a coyote study under contract with the New York State Department of Environmental Conservation (DEC). I received 162 pages of records from Cornell University. I have determined to release 62 pages on this appeal.

The records consist of a contract between DEC and Cornell University for services in regards to coyotes in New York, Cornell University's protocol for the study and procurement of the contract. I have determined to release the contract and the protocol. The remaining records are not responsive to your initial request.

The records or portions of records that are being released pursuant to this appeal consist of 62 pages. Previously, on March 5, 2009 I released 169 pages and a CD. If you wish to be provided with copies, please send a check made payable to the "New York State Department of Environmental Conservation" to my attention in the amount of $57.75 (169 pages at $0.25 per page - I waived the fee for the CD = $42.25 and 62 pages at $0.25 per page = $15.50). I previously gave you a deadline of April 6, 2009 for payment of these records. Based on the timing of this decision, you must submit payment for the records by April 13, 2009 or the records will be returned to their respective files and the FOIL appeal file will be closed.

This letter is the final determination of the Department of Environmental Conservation with respect to your appeal. You have the right to seek review of this determination pursuant to Article 78 of the New York Civil Practice Law and Rules, and Public Officers Law §89(4)(b). In any further correspondence relating to this appeal, please refer to FOIL Appeal No. 09-10-0A.

Sincerely yours,


/s/

Dena N. Putnick, Esq.
FOIL Appeals Officer

cc: Robert Freeman, Executive Director, Committee on Open Government
Ruth Earl, Records Access Officer
Jack Cooper, Central Office
Michael Knipfing, Region 3
Anna McNamara, Region 3
Fawzy Abdelsadek, Region 2
E. Ray Stinson, Ph.D., Cornell University

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