The above-captioned matter was scheduled to be heard as a contested case on June 6, 2013 at 11:00 A.M., at which time the respondents and their counsel appeared, but the complainant did not appear to prosecute the case.  For purposes of hearing, this matter was consolidated with Docket #FIC 2013-804; Michael Richey v. Fire Marshal, Town of Ellington; First Selectman, Town of Ellington, and Town of Ellington.

     The hearing officer notes that Attorney Atherton B. Ryan, counsel for the respondents, appeared at the hearing with three witnesses—the First Selectman for the Town of Ellington, the First Selectman’s Executive Assistant, and the Fire Marshal for the Town of Ellington.  Attorney Ryan represented for the record that his witnesses had spent approximately two hours each preparing for the contested case hearing, and had spent additional time assembling the records requested by the complainant.  Moreover, Attorney Ryan represented that the records requested by the complainant had been assembled and have been ready for the complainant for some time, but that the complainant had not appeared to pick up the records.

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

     1. The complaint is hereby dismissed with prejudice.

Approved by Order of the Freedom of Information Commission at its regular meeting of June 25, 2014.

__________________________
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:

Michael Richey
18 West Shore Road
Ellington, CT  06029

Allan Lawrence, Fire Marshal, Town of Ellington;
and Town of Ellington
c/o Atherton B. Ryan, Esq.
William G. Reveley & Associates, LLC
117 Hartford Turnpike
Tolland, CT  06084

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-700/FD/cac/6/25/2014