By letter of complaint filed June 12, 2012, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with the Commission’s order in Docket #FIC 2011-292, Thomas Marra v. Department of Emergency Services and Public Protection et al.

     The above-captioned matter was heard as a contested case on March 18, 2013, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint. The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).

     On April 16, 2013, the Commission issued a Report of Hearing Officer recommending dismissal of the complaint on the merits. On April 29, 2013, the Commission received a request from the complainant, via telefax, that his complaint be withdrawn.

     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     1. The complaint is dismissed with prejudice.

Approved by Order of the Freedom of Information Commission at its regular meeting of May 8, 2013.

__________________________
Cynthia A. Cannata
Acting Clerk of the Commission

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Thomas Marra #180453
MacDougall-Walker Correctional Institution
1153 East Street South
Suffield, CT  06080

Commissioner, State of Connecticut, Department of
Emergency Services and Public Protection; and State
of Connecticut, Department of Emergency Services and
Public Protection,
c/o Terrence M. O’Neill, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT  06057

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-317/FD/cac/5/8/2013