In the Matter of the Petition By: MEYER EISNER, P. O. Box 33174 Philadelphia, PA 19142-0174 RE: Termination of Services for P. O. Box 33174, Philadelphia, PA P.S. Docket No. 38/97 11/20/91 Grant, Quentin E., Chief Administrative Law Judge APPEARANCE FOR PETITIONER: Charles J. Diorio, Esq., 184 West Lancester Avenue, Malvern, PA 19355-2123 APPEARANCE FOR RESPONDENT: Stacy M. Ludwig, Esq., Consumer Protection Division, Law Department, United States Postal Service, Washington, DC 20260-1144
DECISION ON MOTION TO DISMISS THE PETITION
Respondent has filed with its answer herein a motion to dismiss the petition on the ground that it is moot because Petitioner Meyer Eisner voluntarily surrendered the post office box in question by filing with the Postmaster at Philadelphia, PA 19142 on August 8, 1991, a change of address order for mail addressed to him at that box.
By order issued October 15, 1991, Petitioner was given to November 1 to file objections to the motion. The order was received
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by Petitioner on October 19 and by his attorney on October 21. To date, no opposition to the motion has been filed.
As noted in the motion, Domestic Mail Manual (DMM) § 951.85 provides that a post office box is deemed surrendered when the box customer submits a permanent change of address order. Petitioner's change of address order was filed August 8, two days following the postmaster's issuance of the determination to close the box to which the petition is addressed. Under DMM § 951.841 the box would have remained open throughout this proceeding had it not been voluntarily closed by Petitioner. Because the only relief available in this type of proceeding is reinstatement of box service, Petitioner's voluntary surrender of his box renders this case moot.
Accordingly, the Petition must be, and hereby is, dismissed.