The above-captioned matter was heard as contested case on August 7, 2015, at which time the complainant and the respondents appeared.  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.).

     At the hearing, the complainant stated that he had just received about a week before the hearing a docket number in his pro se habeas corpus proceeding, filed in Rockville Superior Court.  This proceeding was not pending at the time of his records request on October 27, 2014. Counsel for the respondents stated that the complainant would have a stronger case to receive the requested records if he made a new request, citing the docket number in his pro se habeas corpus proceeding.  The respondents also asked the complainant to withdraw the present case, which the complainant agreed to do. The respondents’ counsel also agreed to inform their client that the new records request would be forthcoming.

     The Commission recommends the following order on the basis of the record:

     1.  Based on the withdrawal of the complaint, the case is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of September 24, 2015.

__________________________
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:

Andre Gill #269822
MacDougall-Walker Correctional Institution
1153 East Street South
Suffield, CT  06080

James R. Gill, Chief Medical Examiner, State of Connecticut,
Office of the Chief Medical Examiner; and State of Connecticut,
Office of the Chief Medical Examiner
c/o Daniel Shapiro, Esq.
Susan Castonguay, Esq.
Assistant Attorneys General
State of Connecticut,
Office of the Attorney General
55 Elm Street
P.O. Box 120
Hartford, CT  06141-0120

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2014-864/FD/cac/9/24/2015