The above-captioned matter was heard as a contested case on March 24, 2015, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

     Upon the parties’ motion, co-complainant Adrienne DeLucca was permitted to withdraw as co-complainant in order to appear as counsel for the remaining complainant, the Connecticut Education Association.  On June 17, 2015, a Report of Hearing Officer was issued; on June 29, 2015, the Hearing Officer sua sponte withdrew such report prior to the Commission’s consideration.

     On July 6, 2015, the Hearing Officer issued a Second Report of Hearing Officer.  That second report resulted in a proposed decision that was adverse to the complainant.

     On July 20, 2015, the complainant withdrew its complaint by email.  Also on July 20, 2015, the respondents filed a request that the Freedom of Information Commission dismiss this matter with prejudice.  The Commission takes administrative notice of both emails.

     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 complaint is dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of July 22, 2015.

__________________________
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:

The Connecticut Education Association
c/o Adrienne R. DeLucca, Esq.
21 Oak Street
Hartford, CT  06106

Director, Capital Preparatory Schools, Inc.; and
Capital Preparatory Schools, Inc. 
c/o Cliff S. Schneider, Esq.
Cohen Schneider & O’Neill, LLP275 Madison Avenue
Suite 1905
New York, NY  10016

and

c/o Mark J. Sommaruga, Esq.
Pullman & Comley, LLC
90 State House Square
Hartford, CT  06103

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2014-506/FD/cac/7/27/2015