The above-captioned matter was heard as a contested case on November 1, 2013, 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.).

     The respondents’ counsel represented that the respondents did not receive the complainant’s request for records until they received the docketing letters from the Commission. Moreover, the complainant’s records request contained arguable ambiguity as a result of the complainant’s non-technical understanding of the operations of the National Drivers Registry. Only after some testimony did it become clear that there had been a simple misunderstanding and the complainant was seeking a copy of the respondents’ record pertaining to him called “Driving History.” This record is an exhibit in this case. The complainant agreed to telephone his ombudsman and ask the ombudsman to send a copy of the relevant exhibit to him. He also stated that he wished to withdraw his complaint against the respondents.

     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 special meeting of December 18, 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:

Fred Anderson #259271
Osborn Correctional Institution
335 Bilton Road
P.O. Box 100
Somers, CT  06071

Commissioner, State of Connecticut, Department of Motor Vehicles;
and State of Connecticut, Department of Motor Vehicles
c/o Sharon Geanuracos, Esq.
State of Connecticut,
Department of Motor Vehicles
60 State Street
Room 164
Wethersfield, CT  06109

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-074/FD/cac/12/18/2013