Appeal of EDWIN J. KIRSCHNER and ELAINE CARTECHINE, VIRGINIA BLANCHARD

In the Matter of a Mail Dispute   )  April 24, 1998        
Between                           )
                                  )
EDWIN J. KIRSCHNER                )
                                  )
        and                       )
                                  )
ELAINE CARTECHINE                 )
VIRGINIA BLANCHARD                )  P.S. Docket No. MD 98-39

ORDER

On March 23, 1998, an Initial Decision was issued in which it was concluded that all mail addressed to Space Coast Writers Guild, Inc., P.O. Box 804, Melbourne, FL 32902-0804, which is currently being held or hereafter received, is to be delivered as directed by Edwin J. Kirschner. Disputants Cartechine^1/ and Blanchard have filed an appeal from the Initial Decision.

Disputants Cartechine and Blanchard have not shown that the Initial Decision is clearly erroneous^2/ 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 the 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. It has been asserted on appeal that Disputant Cartechine has resigned from her position as president of the organization and that Jonel Nelson Kirby has been elected the new president.

2. Disputants Carechine and Blanchard attached evidence to their appeal which had not been previously presented for inclusion in the record. Since no showing has been made that the evidence was newly discovered or that it was otherwise unavailable, inclusion in the record before the presiding officer, it will not be considered on appeal. See Paula A. Sheppard, P.S. Docket No. MD 97-190 (P.S.D. Aug. 15, 1997); Aaron J. Smith, et al, P.S. Docket No. MD 94-7 (Order Sept. 9, 1994).

April 24, 1998

TO THE POSTMASTER AT: 	MELBOURNE, FL  32901-9998

		  RE: 	Mail Dispute Between

			EDWIN J. KIRSCHNER

			      and

			ELAINE CARTECHINE
			VIRGINIA BLANCHARD
			P. S. Docket No. MD 98-39

Mail addressed to Space Coast Writers Guild, Inc., P.O. Box 804, Melbourne, FL 32902-0804, which is currently being held or hereafter received, should be delivered as directed by Edwin J. Kirschner.

       					James A. Cohen
       					Judicial Officer