The above-captioned matter was scheduled to be heard as a contested case on March 27, 2013, at 9:30 A.M., at which time the respondents and their counsel appeared, but the complainant did not appear to prosecute the case. 

     It is noted that both Chief of Police John Roche and Major Steven Brown appeared at the hearing with their counsel and were prepared to testify in this case.  Counsel represented that he and his two witnesses had traveled to Hartford from Ridgefield and, in order to arrive at the Commission for the 9:30 AM contested case hearing, the parties were required to depart Ridgefield prior to 7:00 AM.

     By email dated and filed April 1, 2013, the complainant notified the Commission that he had decided to withdraw “any and all” of his pending complaints.

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

     1. Based on the withdrawal of the complaint, the complaint is hereby dismissed.

     2. The complainant is admonished for his failure to appear at the hearing in this matter, which failure resulted in a waste of scarce state and local resources. 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 10, 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:

Edward Tuccio
43 Eleven Levels Road
Ridgefield, CT  06877

Chief, Police Department, Town of Ridgefield;
and Police Department, Town of Ridgefield
c/o Nathan Zezula, Esq.
Cohen and Wolf, P.C.
158 Deer Hill Avenue
Danbury, CT  06810

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-398/FD/cac/4/10/2013