The above-captioned matter was consolidated for hearing with Docket # FIC2012-540, which also had the heading Robert A. Cushman v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection. Both matters were scheduled to be heard as contested cases on March 14, 2013, at which time the complainant and the respondents appeared.

     In the hearing room immediately prior to the commencement of the formal hearing, the complainant and the respondents expressed to the hearing officer their desire to negotiate a resolution of both cases. The complainant, who is an attorney, has previously utilized this procedure to resolve many of his complaints that have sought records to assist him in the defense of his clients. Without the presence of the hearing officer, the parties then negotiated the framework of an agreement to resolve this case. Upon commencement of the hearing, the parties stated that their agreement in this case would require some time to implement.

     By facsimile message dated and filed with the Commission on June 6, 2013, the complainant stated that he wished to withdraw his complaint.

     The following orders by the Commission are hereby recommended on the basis of the record:

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

     2.  The Commission commends the parties on having agreed to a settlement without adjudication.

Approved by Order of the Freedom of Information Commission at its regular meeting of July 24, 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:

Robert A. Cushman
705 North Mountain Road
Newington, CT  06111

Commissioner, State of Connecticut, Department of
Emergency Services and Public Protection; and
State of Connecticut, Department of Emergency Services
and Public Protection
c/o Steven M. Barry, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT  06105

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-501/FD/cac/7/24/2013