The above-captioned matter was heard as a contested case on July 29, 2013, at which time the complainant and the respondents appeared and presented testimony and argument on the complaint. 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.).

     Following the hearing, during which the complainant testified credibly that he mailed a request for certain records to the respondent’s Deputy Commissioner but had retained no copy of that request, and the respondents’ witness testified credibly that no such request had been received, and upon the representation of counsel for the respondents that he had no reason at this time to object to providing the requested records once a written request was received, the complainant agreed to submit a new request directly to the Counselor Supervisor Kristine Barone at the respondent’s offices at 24 Wolcott Hill Road, Wethersfield, CT, and to withdraw this complaint.

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

     1. The complaint is dismissed.

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

Gary Sadler #236395
Bishop House
31 Bishop Street
Waterbury, CT  06702

Commissioner, State of Connecticut, Department of Correction;
and State of Connecticut, Department of Correction
c/o James E. Neil, Esq.
State of Connecticut,
Department of Correction
24 Wolcott Hill Road
Wethersfield, CT  06109

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-088/FD/cac/9/25//2013