In the Matter of the Appeal of

 HARVEY SAMUEL MERNICK,
 Post Office Box 3331 at
 Baltimore, MD 21213

 NOTICE OF INTENT TO CLOSE P. O. Box 3331

 P.S. Docket No. 7/71
 
 August 23, 1979
 
 William A. Duvall Chief Administrative Law Judge
 
 Harvey Samuel Mernick
 P.O. Box 3331,
 Baltimore, MD 21213, Pro se, Appellant

 Thomas A. Ziebarth, Esq., 
 Law Department United States Postal Service
 Washington, D.C. 20260, Respondent

On July 2, 1979, the General Counsel, United States Postal Service, Washington, D.C. (Respondent) gave notice to Harvey Samuel Mernick, Post Office Box 3331, Baltimore, Maryland 21213 (Appellant) that, subject to the outcome of this appeal, an order directing the closing of the said box would be issued. An amended notice to the same effect was issued on July 18, 1979.

The reason for the contemplated action was stated as follows:

"Violation of Section 169.162(a), Postal Service Manual, which prohibits the use of a post office box in connection with a scheme or enterprise which violates any Federal, State or local law. Specifically, it is alleged that Post Office Box 3331 was used in furtherance of a scheme which violated Article 27, Annotated Code of Maryland, Sections 15 (Unlawful Acts) and 555A (Telephone Misuse). It is further alleged that on April 10, 1979, you pleaded guilty to 10 counts in violation of Article 27, Annotated Code of Maryland, Section 15, and were sentenced to 30 days in the Baltimore City jail and fined $5,000."

In a letter dated July 16, 1979, appealing from the proposed closing of Box 3331 to his use, Mr. Mernick admitted that he did, in fact, break the law of the State of Maryland.

Postal regulations governing this situation are found in the Domestic Mail Manual, 951.153 and 951.422, ^1/ as follows:

"No post office boxes may be used for or in connection with a scheme or enterprise which

(a) Violates any Federal, State or local law.

* * *"

"A box may be closed whenever the boxholder has falsified the application for the box or has violated or is violating, any of the regulations or contractual terms or conditions relating to its care and use."

Postal Service Counsel moved to dismiss the appeal, pointing out correctly that there are no genuine or material issues of fact requiring an evidentiary hearing.

In the Motion to Dismiss, Respondent's Counsel stated:

"It should be noted that the closure of the box will not deprive him of the right to receive mail nor will it foreclose him from engaging in any legitimate mail order activity. Mail addressed to the post office box, even after it is closed, will be forwarded to him under existing postal regulations if he files an appropriate forwarding order (Part 158 P.S.M.). He is perfectly free to advertise any legitimate mail order service using a street address. The closure of the box should in no way interfere with his business."

Appellant was allowed time to, and did, file an Answer to the Motion to Dismiss. The Answer did not set forth a denial of any of the matters stated as the basis of the proposal to close the Post Office Box. The Answer is in the nature of a plea for leniency.

In consideration of all of the foregoing facts and circumstances, it is concluded that the Motion to Dismiss this appeal is well taken and the same is hereby granted.

Accordingly, this appeal is hereby dismissed and it is concluded that Post Office Box 3331 at Baltimore, Maryland 21213, should be closed to further use of Harvey Samuel Mernick.

1/ Formerly Postal Service Manual 169.162a and 162.822, respectively.