The above-captioned matter was scheduled to be heard as a contested case on June 10, 2014 at which time the respondents appeared.  However, due to some complications at the prison facility at which the complainant was incarcerated, the hearing was continued to July 28, 2014, at which time the complainant and the respondents appeared, stipulated to certain facts, 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.).

     After some testimony was offered by the respondents, the complainant indicated that he wished to withdraw 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.

     2.  The parties are commended on their resolution of this matter.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 13, 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:

Michael Gaetano #182132
Garner Correctional Institution
50 Nunnawauk Road
Newtown, CT  06470

Commissioner, State of Connecticut, Department of Emergency Services
and Public Protection, Division of State Police; and State of Connecticut,
Department of Emergency Services and Public Protection, Division
of State Police
Robert S. Dearington, Esq. and
Terrence M. O’Neill, Esq.
Assistant Attorneys General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT  06105

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-516/FD/cac/8/13/2014