Appeal of P.S. Docket No. MD-222 -- NORMAN J. VOOG, VICTOR J. BUSELLI, WALTER J. LEWIS, JR.

Administrative Law Judges

In the Matter of a Mail Dispute		)	June 16, 1994
Between:				)
					)
NORMAN J. VOOG				)
VICTOR J. BUSELLI			)
WALTER J. LEWIS, JR.			)
					)
	and				)
					)
PAUL J. CULLEN				)	P.S. Docket No. MD-222

APPEARANCE FOR
NORMAN J. VOOG, et al.:			Norman J. Voog, Esq.
					The Law Offices of Norman J. Voog
					Suite 104
					90 Grove Street
					Ridgefield, CT 06877-4114

APPEARANCE FOR
PAUL J. CULLEN:				None

INITIAL DECISION

The Windsor Law Office, United States Postal Service, has referred this mail dispute for resolution pursuant to Domestic Mail Manual Transition Book §153.721 (c). The mail in dispute is that addressed to Banner Resort, Inc., at 10 Banner Road, Moodus, CT 06469-1137 and at P.O. Box 587, Moodus, CT 06469-0587. Disputants Voog, Buselli, and Lewis have filed the submittal required by 39 C.F.R. §965.5, including the sworn affidavit of Victor J. Buselli. Disputant Cullen has not filed the required submittal. The findings of fact and conclusions of law which follow are based on the single submittal and on the documents forwarded by the Windsor Law Office.

FINDINGS OF FACT

1. Banner Resort, Inc., is a corporation incorporated in October 1992 in the state of Connecticut. Disputant Cullen was named president of the corporation but had no ownership interest in the corporation. All of the stock of the corporation was and is owned by Disputants Voog, Buselli, and Lewis.

2. In March 1994, Mr. Cullen was removed from the office of president of the corporation by a vote of the stockholders.

CONCLUSIONS OF LAW

1. Disputant Paul Cullen has failed to file the submittal as required by 39 C.F.R. §965.5 and is in default under 39 C.F.R. §965.7.

2. Disputants Voog, Buselli, and Lewis are the owners of all of the stock of the corporation and have lawfully removed Mr. Cullen from his former position as president of the corporation. Therefore, as between them and Disputant Cullen, Disputants Voog, Buselli, and Lewis have the right to control delivery of mail addressed to the corporation.

3. The attached delivery order should be issued.

					David I. Brochstein
					Administrative Judge