The above-captioned matter was scheduled to be heard as a contested case on August 1, 2013, at 9:30 A.M., at which time the respondents and their counsel appeared, but the complainants did not appear to prosecute the case.  The hearing officer notes that counsel for the respondents appeared with a witness who was prepared to testify at the contested case hearing.  Counsel represented that she had spent considerable time preparing herself and her witness for the contested case hearing, and had assembled several documents which were to be offered into evidence to show that the respondents had complied with the complainant’s request for records in this case.  

     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.

Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 2013.

__________________________
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 deBenedetto and
Debo Food Services
11 London Terrace
Stratford, CT  06614

Interim President, State of Connecticut, Board of Regents
for Higher Education; and State of Connecticut,
Board of Regents for Higher Education
c/o Mary K. Lenehan, Esq.
Assistant Attorney General
Board of Regents
39 Woodland Street
Hartford, CT  06105

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-072/FD/cac/9/11//2013