FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was scheduled to be heard as a contested case on April 28, 2009, at which time the complainants and the respondent appeared. 

 

1.   At the hearing, Mr. Lazzari testified that, by letter dated December 17, 2008, the complainants made the following request for records of the respondent:

 

a. “I am requesting disclosure of information, [specifically] the names of the owner(s) of the following Subways:  1. Walid Subway, LLC—884 North Colony Rd., Wallingford, CT 06492; and 2. M.N.K. Subway, LLC—1046 North Colony Rd., Wallingford, CT 06492;”

b. “I am also requesting any/all record, files, document, deeds, certificates, bill of sale, agreements, and papers related to and associated with my request as may be maintained in your file;” and

c. “I am requesting information as to any transfers or selling of these two businesses owned by Mr. Mohammed Kohsar in the year 2008: 1. Walid Subway, Federal ID# (EIN) 26-0878147; and State ID#27-10176000; and 2. M.N.K. Subway, Federal ID# (EIN) 26-0830995; State ID#41238015.”

 

2.   By letter dated December 29, 2008 and filed January 2, 2009, the complainants appealed to this Commission, alleging that the respondent violated the Freedom of Information Act by not complying with their request for records.

3.   The respondent testified that, in response to the request, by letter dated January 8, 2009, it mailed the complainants four print-outs from the Secretary of State’s Commercial Record Index, which print-outs listed all of the records that the respondent believed were in any way related to the complainants’ request for records.  The respondent further testified that, in this letter, it informed the complainants they could obtain plain or certified copies of these records by contacting the respondent’s Research and Response Unit or by visiting the respondents’ Public Service Area. 

4.   The complainants testified that, instead of sending them a letter, the respondent should have sent certified copies of all of the records to the complainants or should have inquired as to whether the complainants were indigent and offered to waive the fee for processing this request and certifying these records. 

5.   At the hearing, the respondent testified that it did not realize that the complainants desired certified copies of the records, or that they might be indigent.  However, the respondent made the following offer:  if the complainants produced a document that indicated that they were in fact indigent, the respondent would provide them with certified copies of all of the records listed on the print-outs, referenced in paragraph 2, above.

6.   Complainant Anthony Lazzari agreed that he would provide the respondent with proof of indigence of his wife, Kimberly Albright Lazzari.  

7.   The respondent reiterated that, upon receipt of such proof, it would provide the complainants with certified copies of the records referenced in paragraph 2, above, free of charge.

Based on the respondent’s representation in paragraph 7, above, the complainants agreed to withdraw this matter.    

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

1.   Based on the parties’ settlement, the case is hereby dismissed.

2. The Commission commends the parties on having reached a non-litigated settlement in this matter. 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 10, 2009.

 

____________________________

S. Wilson

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:

 

Kimberly Albright-Lazzari and

Anthony Lazzari

132 Rock Creek Road

New Haven, CT 06515

 

State of Connecticut,

Office of the Secretary of the State

C/o Michael Kozik, Esq.

Office of the Secretary of the State

30 Trinity Street

Hartford, CT 06106

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2009-004FD/sw/6/11/2009