The above-captioned matter was heard as a contested case on May 12, 2014, at which time the complainant and respondents appeared and presented testimony, exhibits 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.).  The respondents’ motion for continuance so that an additional witness of the respondents could testify as to the safety and security concerns regarding the contents of the audio recordings was denied at the hearing.

     Approximately one week after the hearing, the respondents agreed to provide the complainant with a copy of the record that was the subject of the complaint, and the complainant withdrew his 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 June 25, 2014.

__________________________
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:

Mark Chicano # 109992
Cheshire Correctional Institution
900 Highland Avenue
Cheshire, CT  06410

C. Mitchell, FOI Liaison, State of Connecticut,
Department of Correction, Cheshire Correctional
Institution; State of Connecticut, Department of
Correction, Cheshire Correctional Institution;
Commissioner, State of Connecticut,
Department of Correction; and State of
Connecticut, Department of Correction
c/o James Neil, Esq.
State of Connecticut,
Department of Correction
24 Wolcott Hill Road
Wethersfield, CT  06498

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-509/FD/cac/6/25/2014