In the Matter of a Mail Dispute Between: 

 ALFRED MARTABANO
 and
 MICHAEL DINOFF

 P.S. Docket No. MD-143

 03/30/92

 Grant, Quentin E.

 APPEARANCE FOR ALFRED MARTABANO: Alfred Martabano, Pro Se, P. O. Box 486,
 Mt. Kisco, NY  10549-0486

 APPEARANCE FOR MICHAEL DINOFF: Michael Dinoff, Pro Se, 606 N. Bedford Road,
 Bedford Hills, NY  10507-1503

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

Disputant Martabano has filed a submittal pursuant to § 965.5 of the Rules of Practice. Disputant Dinoff has not filed the required submittal and is, therefore, in default.

The following findings of fact are based on Mr. Martabano's submittal and the information furnished by the parties to the postmaster prior to the forwarding of the dispute to the Judicial Officer Department.

1. The disputants are Alfred Martabano (Martabano), Post Office Box 486, Mt. Kisco, NY 10549-0486 and Michael Dinoff (Dinoff), 606 N. Bedford Road, Bedford Hills, NY 10507-1503. Alfred Martabano is president of Bano, Inc., formerly Bano Buick, Inc. Michael Dinoff is president of Bedford Hills Buick-GMC Truck, Inc.

2. The mail in dispute is addressed to Bano Buick, Inc., 606 N. Bedford Road, Bedford Hills, NY 10507-1503.

3. Until November 1, 1991, Bano Buick, with offices at 193 East Main St., Mt. Kisco, NY, owned and operated a retail dealership for sales and service of Buick automobiles and GMC Trucks at 606-610 North Bedford Road, Bedford Hills, NY 10507.

4. Under a purchase and sale agreement executed June 10, 1991 and closed on November 1, 1991, Bano Buick sold the assets of its Buick dealership to Bedford Hills Buick. Part of the agreement was a management agreement (parag. 22) under which disputant Dinoff and Robert J. Vail managed the Bano Buick dealership until the closing date (Nov. 1, 1991). As part of the management agreement (parag. 22.11) Dinoff and Vail were authorized to receive all mail from Buick, GMC and GMAC relating to the management of Bano Buick.

5. Under paragraph 22.08 of the June 10 agreement, the management agreement, including Dinoff's right to receive Bano Buick's mail, terminated upon closing, i.e., November 1, 1991.

6. Paragragh 4.03 of the purchase and sale agreement provided that Bedford Hills Buick (Dinoff) did not acquire the name "Bano" and would not operate its business under a name including the word "Bano."

7. On December 2, 1991, Bano Buick filed with the Bedford Hills Post Office an order changing the address of mail addressed to Bano Buick, Inc. at 606 N. Bedford Rd., Bedford Hills, NY 10507 to 193 E. Main St., Mt. Kisco, NY 10549-2998. Thereafter, Dinoff generated this mail dispute by objecting to Bano Buick's change of address order.

8. On December 17, 1991, Bano Buick, Inc. changed its name to Bano, Inc. by filing a certificate of amendment with the New York State Department of State.

9. Disputant Dinoff has shown no right to delivery of Bano Buick's mail other than that contained in the terminated management agreement (Findings 4 & 5, above).

DMM § 153.11(a) provides that the addressee of mail may control the delivery thereof and that in the absence of a contrary order the mail is delivered as addressed.

Bano Buick, Inc., now Bano, Inc., represented in this matter by its president, Alfred Martabano, as the addressee of the mail in dispute has the right to control the delivery thereof. Disputant Dinoff is in default in this proceeding and has shown no right, following termination of the interim management agreement, to delivery of such mail.

					Grant, Quentin E.,
					Chief Administrative Law Judge