In the Matter of a Mail Dispute		)  February 7, 1996
Between:				)
					)
DONALD LOTT				)
					)
	and				)
					)
ROBIN CYPRIANO				)  P. S. Docket No. MD 95-391


APPEARANCE FOR DISPUTANT
LOTT:					Donald Lott
					1845 Winchester Blvd., Suite C
					Campbell, CA 95008-1165

APPEARANCE FOR DISPUTANT
CYPRIANO:				Robin Cypriano
					P. O. Box 4253
					Kailua-Kona, HI 96745-4253

POSTAL SERVICE DECISION

On January 16, 1996, an Initial Decision was issued in which it was determined that mail addressed to Genesis Credit Reporting Systems at 3097 Moorpark Avenue, Suite 200,¹  San Jose, CA 95128-2543, and at 1845 Winchester Boulevard, Suite C, Campbell, CA 95008-1165, is to be delivered as directed by Disputant Cypriano. Although neither party has filed an appeal from the Initial Decision, the Judicial Officer has determined to exercise his discretion to review the Initial Decision on his own motion, as authorized by 39 C.F.R. §965.12. Upon review, it is concluded that the record supports the Administrative Law Judge’s conclusion that mail addressed to Genesis Credit Reporting Systems at 3097 Moorpark Avenue, Suite 200, San Jose, CA 95128-2543, is to be delivered as directed by Disputant Cypriano. However, the record does not support the conclusion that mail addressed to Genesis Credit Reporting Systems at 1845 Winchester Boulevard, Suite C, Campbell, CA 95008-1165, should be delivered as directed by Disputant Cypriano.

The record supports Disputant Cypriano’s allegation that Disputant Lott acted as an agent of Genesis Credit Reporting Systems at 3097 Moorpark Avenue, Suite 200, San Jose, CA 95128-2543. However, Disputant Cypriano does not contend, nor does the record indicate, that Disputant Lott acted as an agent of Genesis Credit Reporting Systems when he began doing business using that name at 1845 Winchester Boulevard, Suite C, Campbell, CA 95008-1165. Moreover, the record reflects that Disputant Lott d/b/a Genesis Credit Reporting is the sole tenant of 1845 Winchester Boulevard, Suite C, Campbell, CA 95008-1165, and does business at this address. Nowhere in the record is there any connection between Disputant Cypriano and the 1845 Winchester Boulevard address, except for the use of the same fictitious business name.

Accordingly, mail addressed to Genesis Credit Reporting Systems at 3097 Moorpark Avenue, Suite 200, San Jose, CA 95128-2543, is to be delivered as directed by Disputant Cypriano. Mail addressed to Genesis Credit Reporting Systems at 1845 Winchester Boulevard, Suite C, Campbell, CA 95008-1165, is to be delivered as directed by Disputant Lott.

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

					James A. Cohen
					Judicial Officer

February 7, 1996

TO THE POSTMASTERS AT:	SAN JOSE, CA 95101-9998
			CAMPBELL, CA 95008-9998

		   RE:	The Mail Dispute Between

			DONALD LOTT

			     and

			ROBIN CYPRIANO
			P. S. Docket No. MD 95-391

All mail addressed to GENESIS CREDIT REPORTING SYSTEMS, 3097 Moorpark Avenue, Suite 200, San Jose, CA 95128-2543, which is currently being held or hereafter received, is to be delivered as directed by Robin Cypriano. All mail addressed to GENESIS CREDIT REPORTING SYSTEMS, 1845 Winchester Boulevard, Suite C, Campbell, CA 95008-1165, which is currently being held or hereafter received, is to be delivered as directed by Donald Lott.

					James A. Cohen
					Judicial Officer