November 1, 1991

In the Matter of a Mail Dispute Between:

DR. EDWARD T. CHORY

and

DR. CHRISTOPHER B. MILLS

P. S. Docket No. MD-132

APPEARANCE FOR DISPUTANT EDWARD T. CHORY, M.D.:                      

S. R. Zimmerman, Esq.

Zimmerman, Pfannebecker & Nuffort

Lancaster, PA  17602-3536

APPEARANCE FOR DISPUTANT CHRISTOPHER B. MILLS, M.D.:              

David Faloni, Esq.

65 Willowbrook Boulevard

Wayne, NJ  07470-7001

INITIAL DECISION

            The Office of Field Legal Services, Windsor, CT, has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) §153.72 and 39 C.F.R. Part 965.

            Both parties have filed sworn submittals pursuant to §965.5 of the Rules of Practice.  The following findings of fact are based on such submittals together with documentation furnished to the postmaster prior to transmittal of the dispute to the Judicial Officer.

FINDINGS OF FACT

            1.         The disputants are Edward T. Chory, M.D., 1108 Archers Gln., Lancaster, PA  17604-1758 and Christopher B. Mills, M.D., 31 West 9th Street, New York, NY  10011-8943.

            2.         The mail in dispute is addressed to Dr. Edward T. Chory, 31 West 9th Street, New York, NY  10011-8943.

            3.         On or about June 1, 1989, the disputants entered into a relationship for the practice of medicine in offices rented by Dr. Mills at 31 West 9th Street, New York, NY.  Dr. Mills claims that the relationship was one of employment of Dr. Chory by Dr. Mills.  Dr. Chory claims the relationship was one of independent practitioners sharing office and payroll expenses.

            4.         Dr. Mills' attorneys had prepared a written agreement of employment of Dr. Chory by Dr. Mills for the term June 1, 1989 through June 30, 1990, but it was never executed.  Nevertheless, the preponderance of the documentary evidence attached to the submittals, particularly the I.R.S. Forms W-2, 941 and WRS-2 and the office ledger, leaves no doubt that the relationship was that of employer (Dr. Mills) and employee (Dr. Chory) from its inception to Dr. Chory's departure on or about June 20, 1991.

            5.         The practice was conducted in the name of Christopher B. Mills, M.D.

            6.         On June 27, 1991, Dr. Chory submitted to the postmaster at New York, NY (Old Chelsea Station) a Change of Address Order (PS Form 3575) directing that mail addressed to him at 31 West 9th Street be forwarded to him at 1108 Archers Gln., Lancaster, PA  17601-1758.  This dispute arose when Dr.  Mills advised the postmaster that Dr. Chory's order for change of address should not be honored because Dr. Chory was an employee of Dr. Mills and requested, therefore, that mail addressed to Dr. Chory at 31 West 9th Street be delivered as addressed.

CONCLUSIONS OF LAW AND DECISION

            1.         There is no provision of the DMM exactly applicable to the facts presented by this dispute.  However, it is beyond doubt that Dr. Chory's presence at 31 West 9th Street was as an employee of Dr. Mills in the latter's medical practice and it is likely that the bulk of the mail addressed to Dr. Chory at that address was generated by and intended for that practice conducted by Dr. Mills.  Therefore, it is concluded that all mail addressed to Dr. Chory at 31 West 9th Street should be delivered as addressed.

            2.         This decision determines only how the mail in dispute should be delivered and does not determine the ownership of such mail.  Therefore, if Dr. Mills receives any mail pursuant to this decision which belongs to Dr. Chory, he will be responsible for assuring that such mail is immediately forwarded to him.

            3.         The attached mail delivery order should be issued.

                                                                                    Quentin E. Grant

                                                                                    Chief Administrative Law Judge