The above-captioned matter was scheduled to be heard as a contested case on April 4, 2016, at 11:00 A.M., at which time the parties appeared.  Prior to the scheduled hearing, the respondents filed a motion for summary dismissal, alleging, inter alia, that the complaint should be dismissed for the following reasons:  First, because allowing the appeal to go forward would perpetrate an injustice and constitute an abuse of the Commission’s administrative process pursuant to §1-206(b)(2)(B)-(C), G.S.; second, because the respondents never denied the underlying requests for records (there were multiple), and, therefore, the complainant did not have a statutory right to appeal pursuant to §1-206(b)(1), G.S.; and third, that the complainant had failed to file his appeal within thirty days of making his requests pursuant to §1-206(b)(1), G.S.

     At the April 4th hearing, the parties were informed that the hearing officer wanted to hear evidence and oral argument on the respondents’ motion for summary dismissal. 

     In support of the motion, the respondents called upon the President and CEO of the Connecticut Lottery Corporation as well as Chief Counsel for the Connecticut Lottery Corporation to testify.  The complainant also testified in support of his objection to the motion.  During the course of the hearing many documents were marked as evidence. 

     By email dated and filed April 4, 2016 at 2:07 P.M., the complainant notified the Commission that he was withdrawing his complaint.  The Commission takes administrative notice of such email. 

     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.

Approved by Order of the Freedom of Information Commission at its regular meeting of May 25, 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:

Adam Osmond
P.O. Box 1162
Farmington, CT  06034

President, Connecticut Lottery Corporation;
and Connecticut Lottery Corporation
Brendon P. Levesque
Horton, Shields & Knox, PC
90 Gillett Street
Hartford, CT  06105

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2015-783/FD/cac/5/25/2016