New York State Department of Environmental Conservation Assistant Commissioner

Office of Hearings and Mediation Services, 14th Floor

625 Broadway, Aibany, New York 12233-1550

Phone: (518)402-8537 · FAX: (518)402-9016

Website: www.dec.state.ny.us

Erin M. Crotty Commissioner

November 7, 2003

Kevin G. Roe, Esq.

Devorsetz, Stinziano, Gilberti,

Heintz & Smith, P.C.

55 East Genesee Street

Syracuse, New York 13202-2159

Mr. William Hecht

Box 86

Union Springs, New York 13160

Re: FOIL Appeal No. 02-29-7A and Request for Trade Secret Protection William Hecht/Cargill Cayuga Decision

Dear Mr. Roe and Mr. Hecht:

Enclosed is the recommended decision that Chief Administrative Law Judge James T. McClymonds and Administrative Law Judge Susan J. DuBois have prepared in response to FOIL Appeal No. 02-29-7A and the related Request for Trade Secret Protection. I am circulating this recommended decision to you for comment.

Any comments are to be filed with the Office of Hearings and Mediation Services at the following address: New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-10 10, Attn: Assistant Commissioner Louis A. Alexander. A copy of your comments must also be furnished at the same time and in the same manner to the other party.

Given the complexity of the issues raised in this appeal, comments are to be submitted by Wednesday, December 10, 2003. Please be advised that the recommended decision is subject to change based on an evaluation of the submitted comments as well as any further legal review conducted by the Office of Hearings and Mediation Services. A final agency decision will then be issued.

Please feel free to contact me if you have any questions.

Sincerely,

Louis A. Alexander Assistant Commissioner

for Hearings and Mediation Services

Enclosure

cc:

James T. McClymonds, Chief Administrative Law Judge

Susan J. DuBois, Administrative Law Judge