New York State Department of Environmental Conservation

Office of Hearings and Mediation Services, 1^st Floor                                              [DEC Logo]

625 Broadway, Albany, New York 12233-1550

Phone:  (518) 402-9003 - FAX: (518) 402-9037

Website:  www.dec.state.ny.us

Erin M.  Crotty

Commissioner

February 26, 2002

Kenneth S. Kamiet, Esq.

3101 Shippers Road, P.O. Box 678

Vestal, New York 13 851-0678

            RE:     Freedom of Information Law (FOIL) Appeal No. 02-09-OA

       NYSDEC FOIL Request No. 02-126

Dear Mr. Kamlet:

         Please be advised that our office has received your appeal of a decision by Elissa Armater

denying you access to DEC's Voluntary Cleanup Program Internal Procedures on the basis that they are

set forth in a non-final agency document falling within an exemption at Public Officers Law Section

87.2(g).

I am in the process of obtaining this document from DEC Staff.  Once I receive it, I will review

the matter so you can get a response as quickly as possible.

In the interim, if you have any questions about the appeal, you may contact our office at (518)

402-9003. Also, your appeal raises certain questions that I would be interested in discussing with you by

telephone, so even if you have no questions of your own, I would appreciate hearing from you at your

earliest convenience.

In any further contact with this office, whether it be by phone or in written correspondence,

please reference the above FOIL appeal number.

Sincerely yours,

      Edward Buhnnaster

               Administrative Law Judge

cc:   Robert Freeman, Executive Director, Committee on Open Government

       Ruth Earl, DEC Records Access Officer