FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was scheduled for hearing as a contested case on September 20, 2011, at which time the respondents appeared, but the attorney who filed the complaint on behalf of the complainant, Leo E. Ahern, did not appear. In the complaint, attorney Ahern stated: “(i)t is my understanding that she [the complainant] will process this complaint in her own right.” Attorney Ahern did not file an appearance. However, on June 22, 2011, he did file a request for a continuance, citing “hopes of reaching an agreement.” Subsequently, he entered into scheduling discussions with the Commission.

 

Given these circumstances, the hearing officer had the complainant join the hearing. 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 some discussion concerning the role of attorney Ahern, the parties reviewed the records request and the records that had been provided to the complainant. The respondents explained that they did not maintain requested records relating to waiting lists and agreed to provide another set of the relevant incident reports to the complainant, an initial set having been provided to attorney Ahern.

  Based upon the delivery of another set of the incident reports to the complainant on September 21, 2011, the complainant filed a withdrawal of her complaint with the Commission. The Commission takes administrative notice of such withdrawal dated September 21, 2011.

 

 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 case is hereby dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 12, 2011.

 

__________________________

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:

 

Jancis Fuller #239781

York Correctional Institution

201 West Main Street

Niantic, CT  06357

 

Warden, State of Connecticut, Department of Correction, York Correctional

Institution; and State of Connecticut, Department of Correction

c/o Nicole Anker, Esq.

Department of Correction

Legal Affairs Unit

24 Wolcott Hill Road

Wethersfield, CT  06109

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2011-013/FD/cac/10/12/2011