Appeal of P.S. Docket No. 34/70 -- Edward A. Gollin and Jerry Belenker

In the Matter of the Petition by                      )  July 21, 1989
                                                      )
EDWARD A. GOLLIN                                      )
213 Ross Avenue                                       )
Hackensack, NJ  07601-2820                            )
                                                      )
                                                      )
Refusal to Provide Post Office Box                    )  P.S. Docket No. 34/70

 

 Grant, Quentin E., Chief Administrative Law Judge

 APPEARANCE FOR PETITIONER:
 Edward A. Gollin,
 213 Ross Avenue,
 Hackensack, NJ 07601-2820 

 APPEARANCE FOR RESPONDENT:
 Jerry Belenker, Esq.,
 Consumer Protection Division,
 Law Department, U. S. Postal Service,
 Washington, DC 20260-1144

DECISION ON MOTION TO DISMISS

Along with its answer to the petition herein, the Postal Service filed a motion for dismissal of the petition. By order dated May 24, 1989, Petitioner was given to June 5, 1989, to respond to the six numbered paragraphs of the motion and was advised that failure to do so might result in dismissal of the petition. To date Petitioner has not responded to the motion. There is no genuine issue of material fact which would require a hearing. Therefore, a decision on the motion to dismiss based on the documents filed by the parties is appropriate.

FINDINGS OF FACT

1. On April 1, 1989, Petitioner Edward Gollin filed an application for a post office box in the Post Office at Green Farms, CT, giving as his address Godfrey Road, Weston, CT 06883.

2. On attempting the required verification of the address given by Petitioner, the Green Farms Postmaster was advised by the Weston Postmaster that Edward A. Gollin was unknown at that address.

3. On April 18, 1989, the Green Farms Postmaster notified Mr. Gollin of his determination to refuse the application in accordance with Domestic Mail Manual (DMM) § 951.8 because of false information as to his address in his application.

4. Mr. Gollin's position opposing the determination shows his address as 213 Ross Avenue, Hackensack, NJ 07601. In his petition Mr. Gollin states that he inadvertently furnished in his box application an address of "lesser use" rather than the "more active address with Mr. Raymond Parker at 154 Long Lots Road in Westport," Connecticut.

CONCLUSIONS AND DECISION

The petition corroborates the postmaster's finding that Mr. Gollin furnished incorrect address information in his box application. Therefore, I conclude that the postmaster's determination to refuse box service was properly issued and that the motion to dismiss the petition, unopposed by Petitioner, should be granted. Accordingly, the petition is dismissed.

Petitioner is advised that this decision does not prevent him from obtaining a post office box if and when he presents a new application containing the required, verifiable information including a correct residential or business address (DMM § 951.142(b)(2)).