The above-captioned matter was scheduled to be heard as a contested case on March 21, 2013, 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.).

     After the opening of the hearing, following a constructive initiative by the complainant, both parties agreed that they wished to conduct an off the record settlement conference, which the hearing officer stated could take place so long as he was not present.  After the hearing officer was called back into the hearing room, counsel for the respondents stated on the record that the respondents had provided the complainant with all responsive records at issue herein.  Based on such statements of counsel for the respondents, the complainant stated that he would withdraw his complaint in this contested case.

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

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

     2.  The Commission commends the parties on having reached a settlement of this matter without adjudication.

Approved by Order of the Freedom of Information Commission at its regular meeting of April 10, 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:

Jose Arcia # 320962
Carl Robinson Correctional Institution
P.O. Box 1400
Enfield, CT  06083

Office of the Corporation Counsel, City of
Hartford; and City of Hartford
c/o Nathalie Feola-Guerrieri, Esq.
Office of the Corporation Counsel
550 Main Street
Room 303
Hartford, CT  06103

and

Demar G. Osbourne, Esq.
Office of the Corporation Counsel
550 Main Street
Room 210
Hartford, CT  06103

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-291/FD/cac/4/10/2013