The above-captioned matter was scheduled to be heard as a contested case at 9:30 a.m., on April 28, 2015, at which time the respondents appeared with witnesses.  However, the complainant did not appear.

     The complainant, who is incarcerated, was to appear 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.).  However, after several unsuccessful attempts to reach the complainant via telephone, a call was made to the Desk Lieutenant at the correctional facility in which the complainant is housed, who searched for the complainant and learned that he had opted to attend a religious service rather than attend the hearing in this matter.

     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     1. The complaint is hereby dismissed for failure to prosecute.

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:

Michael Mitchell #175274
Osborn Correctional Institution
335 Bilton Road
P.O. Box 100
Somers, CT  06071

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

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2014-626/FD/cac/7/8/2015