The above-captioned matter was heard as contested case on January 22, 2016, 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 respondents stated that they would mail to the complainant a copy of one short, conclusory email from Lt. Stuart to Lt. Acus, dated October 19, 2015, 3:21 p.m., with redactions of only the first names and email addresses of Correction officers.  There was also sworn testimony that, based upon a detailed search of paper and computerized records, the respondent Department has no other records responsive to the complainant’s request concerning his placement on Behavioral Observation Status on August 17, 2015.  The sworn testimony was that no incident report was filed.  However, there was also the suggestion that the University of Connecticut Correctional Managed Health Care probably maintains records responsive to the complainant’s request.  Based upon these representations and testimony, the complainant stated that he wished to withdraw his complaint.

     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 June 8, 2016.

__________________________
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:

David Osuch #139268
Osborn Correctional Institution
335 Bilton Road
Somers, CT  06071

Commissioner, State of Connecticut,
Department of Correction; and State of
Connecticut, Department of Correction
c/o Nancy Kase O’Brasky, Esq.
24 Wolcott Hill Road
Wethersfield, CT  06109

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2015-690/FD/cac/6/8/2016