The above-captioned matter was scheduled to be heard as a contested case on 
September 10, 1998, at which time the complainant and the respondents appeared,  and 
presented testimony and argument on the complaint. 

	At an informal conference during the September 10, 1998 hearing, the 
complainant and the respondent reached the terms of an agreement in resolution of this 
contested case. The parties agreed that, if the Chief of the respondent department 
provided an affidavit concerning the posting of a June 8, 1998 letter to the complainant, 
the complainant would withdraw his appeal. 

	On September 16, 1998, the respondents filed the affidavit pursuant to the 
settlement agreement. On September 29, 1998, the respondents also withdrew their 
motion to dismiss and motion for sanctions dated September 10, 1998. Accordingly, the 
terms of the complainant’s September 22, 1998 withdrawal have been fulfilled and the 
withdrawal is effective.

	The Commission warmly commends both the complainant and the respondents 
for working successfully to negotiate a non-litigated settlement of their earlier 
differences. 

	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 special meeting of 
November 18, 1998.

_________________________
Melanie R. Balfour
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:

Tracy Arthur Marlow
600 Hollow Tree Ridge Road
Darien, CT 06820-2420

Records Division, New Canaan 
Police Department, Town of 
New Canaan; and New Canaan 
Police Department, Town of 
New Canaan
c/o Atty. Elizabeth A.B. Suchy
Tierney, Zullo, Flaherty & Murphy, PC
134 East Avenue, PO Box 2028
Norwalk, CT 06582

__________________________
Melanie R. Balfour
Acting Clerk of the Commission

FIC1998-181FD/mrb11201998