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2005-144

- Administrative Case Closure

Administrative Case Closure

GRC Complaint No: 2005-144
Complainant: Carl Varriale
Custodian: Borough of Montvale
Date of Request: June 28, 2005
Date of Complaint: July 7, 2005

Case Disposition:

Type of Administrative Closure: The Complainant asserts a denial of access to his Open Public Records Act (OPRA) request for records relating to 158 Spring Valley Road, Montvale, NJ. The Custodian states in her certification to the Government Records Council (GRC) staff that there are no records in existence responsive to this request.

Applicable OPRA Provisions:

N.J.S.A. 47:1A-1.1: provides that " ... any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file... or that has been received..." (Emphasis added.)

Pursuant to N.J.S.A. 47:1A-7(b), the Government Records Council shall: "...receive, hear, review and adjudicate a complaint filed by any person concerning a denial of access to a government record."

This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk's Office, Hughes Justice Complex, 25 W. Market St. PO Box 006, Trenton, NJ 08625-0006.

Effective Date of Disposition: October 13, 2005

Prepared By: Chris Malloy, Case Manager

Approved By Executive Director: Paul Dice

Date: October 7, 2005

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