Appeal of P.S. Docket No. 3/106 -- NEW YORK INSTITUTE OF TECHNOLOGY


 In the Matter of the Petition by 	) August 26, 1975
					)
 NEW YORK INSTITUTE OF TECHNOLOGY 	)
 Old Westbury Campus 			)
 268 Wheatley Road 			)
 Old Westbury, New York 11568 		) P.S. Docket No. 3/106
					)
 Proposed Annulment of Second-Class 	)
 Mail Privileges for "NEW YORK 		)
 INSTITUTE OF TECHNOLOGY BULLETIN" 	)

 APPEARANCES:		 		Stuart M. Rosen, Esq.
			 		Alan J. Weinschel, Esq.
			 		Weil, Gotshal and Manges
			 		767 Fifth Avenue
			 		New York, New York 10022
			 		for Petitioner
			 		Arpad de Kovacsy, Esq.
			 		Law Department
			 		United States Postal Service
			 		Washington, D.C. 20260
			 		for Respondent

 Lussier, Edward F.

POSTAL SERVICE DECISION

Respondent has filed a motion for a Postal Service Decision sustaining the action of the Manager, Mail Classification Division, proposing to revoke the second-class mail privileges of New York Institute of Technology Bulletin, which motion is based upon a Stipulation of the parties agreeing to be bound by the final Postal Service Decision in the Northwest Missouri State University case, Postal Service Docket No. 3/42. Petitioner has filed a response to the motion consenting to the entry of an order revoking its second-class mail privileges in accordance with the Stipulation of the parties and requesting notice of any appeal which may be taken in the Northwest Missouri State University case or any stay of the Postal Service Decision so that it might protect its rights under paragraphs 2 and 3 of the Stipulation.

Accordingly, it is concluded that the New York Institute of Technology Bulletin is not entitled to second-class mail privileges. In accordance with the terms of paragraph 4 of the Stipulation, the thirty-day notice of the revocation of the second-class mail status of the Bulletin of Northwest Missouri State University shall be deemed to start with the receipt by Petitioner of Respondent's instant motion which the record reveals was received by Petitioner on August 8, 1975. Respondent is directed to promptly notify the undersigned and the Petitioner of any court action in the Northwest Missouri State University case so that further action may be taken if appropriate.