Appeal of P.S. Docket No. MD-46 -- ECCLESIASTES ROBINSON and ORA GREEN


 In the Matter of a Mail Dispute Between:

 ECCLESIASTES ROBINSON
 and
 ORA GREEN

 P.S. Docket No. MD-46

 03/30/89

 Thompson, Joan B., Administrative Judge

 APPEARANCE FOR ECCLESIASTES ROBINSON:
 Ecclesiastes Robinson, pro se,
 204 Arthur Avenue,
 Chesilhurst, NJ 08089-1632 

 APPEARANCE FOR ORA GREEN:
 Ora Green, pro se,
 209 Sherman Avenue,
 Chesilhurst, NJ 08089-1441

INITIAL DECISION

Pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965, this mail dispute has been referred to this office for resolution. The disputants each claim mail addressed to the Chesilhurst Inter-Community Ambulance Squad in Chesilhurst, NJ 08089. The findings are based on the documents provided by the Postmaster, Waterford Works, NJ 08089-9998, and the submission of disputant Robinson.

FINDINGS OF FACT

1. The Chesilhurst Inter-Community Ambulance Corp., also referred to as the Chesilhurst Inter-Community Ambulance Squad or Association or as the Chesilhurst Ambulance Squad or Association, is a voluntary non-profit organization.

2. Disputant Ecclesiastes Robinson has been president of the association since February 1988. Disputant Ora Green is a former president of the association and in 1988 was treasurer of the association.

3. Disagreements between the disputants in the autumn of 1988 concerning the association led to action suspending disputant Green's membership. By letter of January 5, 1989, disputant Green challenged disputant Robinson's right to be president and purported to suspend him from the squad.

4. In a letter dated January 17, 1989, to the Postmaster and To Whom It May Concern, attorney Michael A. Diamond advised that he represented the Chesilhurst Ambulance Squad, that Mr. Robinson is the president of that squad, and that Ora Green has no authority to pick up any mail for the squad.

5. Disputant Green has not filed a submittal nor any comments on disputant Robinson's submittal within the times prescribed in 39 C.F.R. § 965.5 and 965.6.

CONCLUSIONS OF LAW

1. Disputant Green is in default for failing to file any submittal as required by 39 C.F.R. § 965.5. See 39 C.F.R. § 965.7.

2. It is recommended that mail addressed to the Chesilhurst Inter-Community Ambulance Squad be delivered to or in accordance with the instructions of disputant Robinson, president of the non-profit association, and that the attached mail delivery instruction to the Postmaster be issued.