In the Matter of a Mail Dispute        ) June 22, 1993
 Between:                               )
                                        )
 HERSHEL WALDNER                        )
                                        )
 and                                    )
                                        )
 NORMAN SLATER                          ) P. S. Docket No. MD-187

 APPEARANCE FOR
 HERSHEL WALDNER:                       None

 APPEARANCE FOR
 NORMAN SLATER:                         Norman Slater, pro se
 P.O. Box 1203
 Bowling Green Station
 New York, NY 10274-1203

The Office of Field Legal Services, Windsor, Connecticut, has referred this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72. The mail in dispute is that addressed to Technology Consortium International, Inc. (TCI), at 160 Broadway, Suite 602, New York, NY 10038-4201. Disputant Slater filed a written submittal under 39 C.F.R. § 965.5. Disputant Waldner did not file a written submittal or any comments addressed to the submittal of Disputant Slater. The following findings of fact are based on Disputant Slater's submittal and on material forwarded by the Office of Field Legal Services.

1. In 1989, TCI was incorporated in the State of New York, with Disputant Norman Slater and Sydney Slater as the sole shareholders and officers of the corporation. In a corporate resolution dated February 8, 1993, Disputant Slater was identified as president of the corporation, and Sydney Slater was identified as secretary of the corporation.

2. A "Corporate Resolution," dated February 22, 1993, purportedly executed on behalf of TCI, purported to establish a banking relationship between TCI and Atlantic Bank of New York. The resolution was signed by Disputant Hershel Waldner as secretary of the corporation, and also identified Mr. Waldner as president of the corporation. The record contains no evidence that Mr. Waldner was a stockholder of TCI nor any further evidence that Mr. Waldner was an officer of TCI.

1. Disputant Hershel Waldner failed to make the submittal required by 39 C.F.R. § 965.5 and thus is in default in this proceeding pursuant to 39 C.F.R. § 965.7.

2. DMM § 153.41 provides that mail addressed to an organization, including a corporation, is to be delivered as directed by the organization's president or equivalent official.

3. The record contains a corporate resolution, which appears regular on its face and has not been challenged by Disputant Waldner, indicating that Disputant Slater is the president of TCI.

4. Under New York law, the offices of secretary and president of a corporation may not be held by the same person, unless that person owns all of the issued and outstanding stock of the corporation. McKinney's Consolidated Laws of New York Annotated, Business Corporation Law § 715. In the absence of evidence that Disputant Waldner is the sole shareholder in TCI, the corporate resolution noted in Finding of Fact No. 2, above, appears invalid and is not considered evidence that Disputant Waldner is president of TCI.

5. Accordingly, it is determined that Disputant Norman Slater has the right to delivery of mail addressed to Technology Consortium International, Inc. (TCI), at 160 Broadway, Suite 602, New York, NY 10038-4201.

6. Resolution of this dispute determines only the right to delivery of the mail. It does not determine the question of ownership. If Disputant Slater receives mail intended for Disputant Waldner, he should have such mail forwarded to the correct destination.

The attached delivery order should be issued.

                                        David I. Brochstein
                                        Administrative Judge

[Text of delivery order]

Mail addressed to Technology Consortium International, Inc. or TCI at 160 Broadway, Suite 602, New York, NY 10038-4201, should be delivered as directed by Norman Slater.