In the Matter of a Mail Dispute		) July 11, 1997
Between					)
					)
PAULA A. SHEPPARD			)
					)
	and				)
					)
LISA M. SIGNORELLI			) P.S. Docket No. MD 97-190

APPEARANCE FOR PAULA A. SHEPPARD:	Steven E. Cohen, Esq.
					Letitt and Cohen
					Two Hillside Avenue, Building F
					Williston Park, NY  11596-2342

APPERANCE FOR LISA M. SIGNORELLI:	D. Daniel Engstrand, Jr., Esq.
					Doniger & Engstrand
					225 Broadway, Suite 1805
					New York, NY  10007-3001

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 7, August 1, 1996) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Sheppard & Signorelli, 100 Crossways Park Drive West, Suite 210, Woodbury, NY 11797-2012. The mail is currently being held by the Woodbury Postmaster.

Both parties submitted sworn statements in support of their claims, in accordance with 39 C.F.R. §965.5, along with other supporting documents. The following findings of fact are based on the parties' submissions and information from the Postal Service that was included in the file referred to the Judicial Officer.

FINDINGS OF FACT

1. Disputants Paula Sheppard and Lisa Signorelli are former partners in an accounting partnership that has been informally dissolved by the partners and no longer conducts business in the partnership name. The two general partners have filed suit in New York state court against each other for a formal dissolution of the partnership. (Affidavits of Sheppard and Signorelli).

2. Disputant Paula Sheppard is the majority partner in the partnership, having 51% ownership of the partnership, with Disputant Lisa Signorelli having a 49% ownership (Affidavit of Sheppard).

3. Disputant Sheppard is in the process of winding up the affairs of the partnership at the 100 Crossways Park Drive West, Woodbury, NY, address of the partnership (Sheppard Reply Affidavit).

4. By letter dated April 24, 1997, Disputant Signorelli requested that the Postal Service forward mail addressed to Sheppard & Signorelli, 100 Crossways Park Drive West, Woodbury, NY 11797, to 319 Middle Country Road, Smithtown, NY 11787. By letter dated May 20, 1997, Disputant Sheppard disputed that instruction and requested that this mail dispute be referred to the Judicial Officer for resolution. (Postal Service Submission).

DECISION

Disputant Sheppard argues that mail addressed to the partnership should be delivered as addressed since she has a majority ownership of the partnership and has not changed the partnership's address. She argues secondly that she is in the process of winding up the affairs of the dissolved partnership and needs the mail for that purpose. Disputant Signorelli argues that as a partner, she has the right to direct delivery of the partnership's mail.⁽¹⁾ In the alternative, Disputant Signorelli argues that the Postal Service should continue holding the mail until otherwise directed by the Supreme Court of the State of New York.

The mail should be delivered as directed by Disputant Sheppard. Dissolution of a partnership does not result in its immediate termination. A partnership continues until there has been a winding up of the affairs of the partnership. NY PARTNERSHIP LAW, §61 (McKinney, 1988). Since Disputant Sheppard is acting to wind up the partnership's affairs, it is necessary that she receive the partnership's mail (FOF 3). Furthermore, it is quite likely that anyone sending mail addressed to Sheppard & Signorelli at 100 Crossways Park Drive West intends that it be delivered to the partnership still functioning at that address. This conclusion is supported by Section 613.1 of the Postal Operations Manual (POM 7, August 1, 1996) which provides: "Jointly addressed mail is delivered as addressed by the sender, as long as one of the addressees can receive it there."

This decision addresses only the right to delivery of the mail. It does not purport to determine the ownership of the mail or any other disputes that may exist between the parties. If Disputant Sheppard receives mail clearly intended for Disputant Signorelli, she should promptly forward it. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered in accordance with such an order.

The attached delivery order should be issued.

						William K. Mahn 
						Administrative Judge