June 21, 1995
In the Matter of a Mail Dispute Between
MICHAEL VENIERIS[1], Acting President
VICTORY CARRIERS, INC.
and
BENJAMIN O’SULLIVAN, Secretary
VICTORY REAL ESTATE DEVELOPMENT CORPORATION
P.S. Docket No. MD 95-18
APPEARANCE FOR MICHAEL VENIERIS:
None.
APPEARANCE FOR BENJAMIN O’SULLIVAN:
None.
INITIAL DECISION
This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721 (c) which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute, which is addressed to Victory Carriers, Inc., 645 5th Avenue, New York, NY 10022-5910 is presently being held by the Postmaster, New York, NY 10199-9998. Both parties have submitted the sworn statements required by
39 C.F.R. §965.6. Additionally, both parties have submitted sworn rebuttals.
FINDINGS OF FACT
1. Victory Carriers, Inc. (hereinafter “VC Delaware”) was formed as a Delaware Corporation in 1948 and engaged in the ocean shipping business until 1988. In 1990 it merged with another company and became Victory Shipping and Trading, Inc. In 1991 its name was changed to Victory Real Estate Development Corporation (hereinafter “VREDC”). Since 1975 to the present
date, VC Delaware and its successor by merger, and with name changed to VREDC, have occupied the premises located at 645 5th Avenue, New York, NY (Sworn statements of O’Sullivan, Healy and Nelson).
2. VREDC continues to receive mail at the 645 5th Avenue address which
is addressed to Victory Carriers, Inc. Some of the mail relates to asbestos litigation in which VC Delaware is a defendant and some constitutes pension checks for retired employees of VC Delaware (Sworn statements of Nelson and O’Sullivan).
3. On February 1, 1994, a new corporation named Victory Carriers, Inc.
(hereinafter “VC New York”) was incorporated in New York State. The purpose of the corporation was to engage in ocean shipping and related matters. In January 1995, the company was incorporated in Delaware for the same business purpose. Disputant Venieris is the acting president of both corporations (Sworn statement of Venieris).
4. Neither VC New York nor the corporation formed in Delaware in
1995, both under the name Victory Carriers, Inc., has ever been a tenant, lessee, or occupied space in the building located at 645 5th Avenue, New York, NY (Sworn statement of Nelson).
5. Disputant Venieris has filed a change of address order with the
New York City Post Office seeking to have all mail addressed to Victory Carriers, Inc., 645 5th Avenue, New York, NY delivered to 330 East 38th Street, New York, NY. Disputant O’Sullivan, on behalf of VREDC, opposes the change of address order (Field Counsel submission).
CONCLUSIONS OF LAW
1. Since VREDC is the successor by merger to VC Delaware and it
or its predecessors have occupied 645 5th Avenue, New York, NY since 1974, it is most probable that all mail addressed to Victory Carriers, Inc., at that address is intended for VREDC.
2. Since the corporations formed in 1994 and 1995, of which
Disputant Venieris is president, never occupied the premises located at 645 5th Avenue, New York, NY, there is little basis to conclude that any mail addressed to Victory Carriers, Inc., at that address is intended for Mr. Venieris’ corporations.
3. The mail in dispute, addressed to Victory Carriers, Inc., 645 5th
Avenue, New York, NY 10022-5910 is to be delivered as addressed.
4. Resolution of this dispute determines only the right to delivery of
the mail. It does not determine the question of ownership. Any mail received at the 5th Avenue address intended for either of the corporations of which Mr. Venieris is acting president should be forwarded to Mr. Venieris.
5. The attached mail delivery order should be issued.
James D. Finn, Jr.
Administrative Judge
[1] Mr. Venieris’ name was incorrectly spelled in the document which forwarded this matter to the Judicial Officer. The caption is hereby corrected.