The above-captioned matter was heard as contested case on June 9, 2015, at which time the complainant and the respondents appeared. 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, the complainant stated that he wished to receive the files of the attorneys who had represented him in a habeas corpus proceeding and in the underlying criminal matter. Counsel for the respondents stated that the Commission did not have jurisdiction concerning the respondents’ adjudicative records.  The hearing officer explained the relevant law to the complainant, who then stated that he understood the explanation and wished to withdraw his complaint.  Following the withdrawal, the respondents indicated that some boxes of records had been delivered to the complainant and they also scheduled a telephone conference with the complainant following the hearing to review additional voluntary disclosures.

     The Commission recommends the following order on the basis of the record:

     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 July 8, 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:

David Osuch #139268
Osborn Correctional Institution
335 Bilton Road
Somers, CT  06071

Legal Counsel, State of Connecticut, Office of the
Chief Public Defender; and State of Connecticut,
Office of the Chief Public Defender
c/o Deborah Del Prete Sullivan, Esq.
30 Trinity Street
Hartford, CT  06106

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2014-597/FD/cac/7/8/2015