Appeal of P. S. Docket No. MD-201 -- NATIONAL LIFE CENTER, INC. PRES. MS. DENISE COCCIOLONE and BIRTHRIGHT DIR. TERRY WEAVER

Administrative Law Judges

In the Matter of a Mail Dispute			)  January 18, 1994
Between						)
						)
NATIONAL LIFE CENTER, INC.			)
PRES. MS. DENISE COCCIOLONE			)
						)
	and					)
						)
BIRTHRIGHT					)
DIR. TERRY WEAVER				)  P. S. Docket No. MD-201

APPEARANCE FOR DISPUTANT			Robert J. Brooks, Esq.
	NATIONAL LIFE CENTER, INC.		Federal Bar Building
	PRES. DENISE COCCIOLONE:		1815 H Street, NW, Suite 900
						Washington, DC  20006-3604

APPEARANCE FOR DISPUTANT			Susan S. Singer, Esq.
	BIRTHRIGHT				Singer & Goger
	DIR. TERRY WEAVER:			Renaissance Tower
						111 Mulberry Street
						Newark, NJ  07102-4008

POSTAL SERVICE DECISION

On November 30, 1993, an Initial Decision was issued in which it was concluded that all mail addressed to 686 N. Broad Street, Woodbury, NJ 08096-1607, which is currently being held or hereafter received, is to be delivered as addressed. Disputant Birthright has filed an appeal from the Initial Decision⁽¹⁾ and Disputant National Life Center, Inc., has filed a reply to the appeal.

Disputant Birthright has not shown that the Administrative Law Judge's Initial Decision is clearly erroneous or that any other grounds exist for the Judicial Officer to exercise his discretion to grant review of the Initial Decision. Since the Judicial Officer has determined he will not exercise his discretion to grant review of the Initial Decision, the Initial Decision is the final agency decision.

The parties are reminded that this decision determines only the right to delivery of the mail in dispute not the ownership of the mail. If either party receives mail intended for the other, that party is responsible for forwarding such mail to the intended recipient.

							James A. Cohen
							Judicial Officer

1. Disputant Birthright also filed a request for clarification of the Initial Decision in which Disputant Birthright requests that the presiding Administrative Judge set up some criteria for determining the mail intended for each of the parties. Since the resolution of a mail dispute determines only the right to delivery of the mail in dispute, not the ownership of the mail, no clarification is necessary.