The above-captioned matter was heard as a contested case on May 9, 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.).

     At the hearing on this matter, the respondents’ witness, the director of food and nutritional services for the State of Connecticut, Department of Correction, testified under oath that the requested records at issue do not exist, following which, the witness agreed to provide the complainant with a copy of “all food menus from the master menu” and a copy of the respondents’ “No Soy” diet, upon receiving a request from the complainant for such records. 

     Based on such statements of the witness for the respondents, the complainant stated on the record that he would withdraw his complaint in this contested case.

     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 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:

Bryan Jordan #218810
Garner Correctional Institution
50 Nunnawauk Road
Newtown, CT  06470

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

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-526/FD/cac/6/25/2014