Denied: An appeal on a request to the Pennsylvania Department of Revenue for certain lottery sales data, after the department provided documents to resolve the appeal, but the requester failed to respond to the Office of Open Records, which was trying to determine if the appeal had been rendered moot.

After filing his initial appeal, the requester notified the OOR that the parties were working together to resolve the appeal. The Department of Revenue eventually affirmed that it had provided the requester with an information he sought, and filed a motion to dismiss, maintaining that the appeal should be dismissed as moot.

Despite numerous attempts, the OOR was unable to confirm with the requester that his request had been satisfied, and therefore denied the appeal without prejudice, meaning the requester can file a second request with the department if his initial request has not been met.

Vorkink vs. Pa. Department of Revenue AP 2009-0905