The above-captioned matter was heard as contested case on April 13, 2012, at which time the complainant and the respondents appeared 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.).   For purposes of hearing, the above-captioned matter was consolidated with docket #FIC 2011-486; James McKinnon v. FOI Liaison, State of Connecticut, Department of Correction, Osborn CI; and State of Connecticut, Department of Correction.

     On April 17, 2012, the complainant filed with the Commission a withdrawal of the complaint in this matter.  The Commission takes administrative notice of such withdrawal. 

     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.

     2. The Commission commends the parties on having reached a non-litigated resolution of this complaint.        

Approved by Order of the Freedom of Information Commission at its special meeting of May 30, 2012.
__________________________
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:

James McKinnon #100770
Brooklyn Correctional Institution
59 Hartford Road
Brooklyn, CT  06234

Michael Phillips, FOI Correctional Officer,
State of Connecticut, Department of Correction, Osborn Correctional Institution; and State
of Connecticut, Department of Correction
c/o James E. Neil, Esq.
State of Connecticut,
Department of Correction
24 Wolcott Hill Road
Wethersfield, CT  06109

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-428/FD/cac/5/30/2012