In the Matter of a Mail Dispute Between: 

 DAVID L. ACKLEY and LEN L. MELNYCHENKO

 P.S. Docket No. MD-65

 08/10/89

 Brochstein, David I., Administrative Judge

 APPEARANCE FOR DAVID L. ACKLEY:  Edward W. Goehler, Esq.,  
 Cohen Law Offices, 301 Cortland Savings Bank Bldg., P.O. Box 170,  
 Cortland, NY  13045-0170  

 APPEARANCE FOR LEN L. MELNYCHENKO:  Len L. Melnychenko, 73  
 Weymouth Lane, Johnson City, NY  13790-9788  

This mail dispute matter has been docketed pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965, which require Regional Counsel to forward certain unresolved mail disputes to this Department for decision. The mail in dispute is that addressed to Meltron Manufacturing, Inc. Both disputants have filed submittals required by § 965.5 of the Rules of Practice. The documents which accompanied the letter of transmittal from the Postal Service Office of Field Legal Services in Windsor, Connecticut, have also been considered.

1. Meltron Manufacturing, Inc. (Meltron) was incorporated in the State of Delaware in 1987 and has its principal place of business in the State of New York. A lease agreement and a corporate resolution, signed by both disputants, indicate that in September 1987 disputant Ackley held the offices of president and treasurer of Meltron, and disputant Melnychenko held the offices of vice-president and secretary.

2. Mr. Melnychenko claims to be the majority stockholder and chairman of the board of trustees of Meltron, which claims have not been disputed by Mr. Ackley. Mr. Melnychenko alleges that in April 1989, as chairman of the board of trustees, he suspended Mr. Ackley from the office of president for executing a confession of judgment against Meltron in favor of Mr. Ackley's father, an act which Mr. Melnychenko alleges was beyond Mr. Ackley's authority. Other than Mr. Melnychenko's assertions, the record contains no evidence that, under the bylaws of the corporation, Mr. Melnychenko, as chairman of the board of trustees, had the authority to suspend Mr. Ackley. Mr. Melnychenko does not claim to be president of the corporation and makes no allegations concerning who became president in Mr. Ackley's place. Mr. Ackley denies that he was suspended from the office of president or that Mr. Melnychenko had the authority to take such action.

In accordance with DMM § 153.51, where disagreement arises among corporate officers as to the delivery of mail, delivery will be effected as directed by the president of the corporation.

In this instance, based on the evidence in the record, I conclude that disputant Ackley remains president of Meltron and may control the delivery of mail addressed to the corporation. Resolution of this mail dispute determines only who is entitled to control delivery of the mail, but is not intended to be dispositive of the question of ownership of the mail.

The attached mail delivery instruction should be issued.