In the Matter of the Complaint That parcels containing books, magazines, and advertising circulars mailed by TELESPANO PRODUCTIONS, 139 West 72nd Street, New York 23, New York are nonmailable under 18 U.S.C. 1461. P.O.D. Docket No. 1/210 June 6, 1960 Raymond J. Kelly Judicial Officer POST OFFICE DEPARTMENT, Washington 25, D. C., APPEARANCES: Saul J. Mindel, Esq. Office of the General Counsel Post Office Department for the Complainant Martin Benjamin, Esq. 217 Broadway New York 7, New York for the Mailer
No appeal having been taken from the Initial Decision of the Hearing Examiner in the above matter within the time prescribed in the Rules, the Initial Decision filed on May 19, 1960, thus becomes the Departmental Decision herein and the findings of the Hearing Examiner become final.
These findings and the Initial Decision are adopted as the Departmental Decision. The matter found to be non-mailable in the Decision under provisions of Section 1461, Title 18 U.S. Code shall be disposed of by the Postmaster, New York City, New York, under the provisions of Rule 14 of the Rules of Practice and Proceedings Relative to Mailability.
Although the fifteen days allowed under Rule 14 actually began to run on the fifth day after the filing of the Initial Decision, the Respondent failed to take an appeal by that time or on or before May 29th as he was advised by the Hearing Examiner when served with the Initial Decision.
In order that ample time be allowed for Respondent to take such action under Rule 14 as he may desire, it is ordered that the matter be held for fifteen days from the date hereof. In the event the Mailer does not make application for withdrawal of the matter within that period of time it is ordered that the same be disposed of by returning same to the sender by the Postmaster, New York City, New York as provided in 39 U.S. Code 258.