November 30, 2000
In the Matter of a Mail Dispute Between
ABRAHAM HIRSCHFELD
and
DAVID ROSENBERG
P. S. Docket No. MD 00-289
APPEARANCES FOR DISPUTANT
ABRAHAM HIRSCHFELD: Caroline S. Press, Esq.
Mark C. Zauderer, Esq.
Solomon, Zauderer, Ellenhorn,
Frischer & Sharp
45 Rockefeller Plaza
New York, NY 10111-0064
APPEARANCE FOR DISPUTANT
DAVID ROSENBERG: David Rosenberg, Esq.
Marcus Rosenberg & Diamond LLP
488 Madison Avenue
New York, NY 10022-5702
POSTAL SERVICE DECISION
On October 19, 2000, an Initial Decision was issued in which it was concluded that all mail addressed to Stahl Associates at 277 Park Avenue, New York, NY 10172-0003 is to be delivered as directed by Disputant Abraham Hirschfeld.1 On November 9, 2000, Disputant David Rosenberg filed an appeal with the Judicial Officer and attached a temporary order issued by Judge Ira Gammerman of the Supreme Court of the State of New York directing that mail to Stahl Associates be delivered to the offices of Stahl Real Estate Company, Suite 4700, 277 Park Avenue, New York, NY 10172-0003.
Disputant Hirschfeld opposes the issuance of an order by the Judicial Officer directing the delivery of the disputed mail in accordance with the court order, arguing that the Postal Operations Manual does not permit a party to initiate or participate in a mail dispute proceeding and simultaneously seek a court order. Consequently, Disputant Hirschfeld requests that the Initial Decision be made final and that the mail in dispute be delivered in accordance with his direction.
Although the Initial Decision concluded that the disputed mail should be delivered as directed by Disputant Hirschfeld, it also stated that if either party obtained a court order directing delivery of the mail, the mail will be delivered in accordance with the court order.2 Disputant Rosenberg has now obtained a court order and under Postal Service regulations3 that order takes precedence over an administrative ruling regardless of when the administrative proceeding is initiated or the court order is issued.4 Since Disputant Hirschfeld has not disputed the validity of the court order nor shown that it does not apply to the mail in dispute in this proceeding, the attached Order directing the delivery of the mail in accordance with the court order is hereby issued.5
James A. Cohen Judicial Officer
2 Abraham Hirschfeld and David Rosenberg, P.S. Docket No. MD 00-289 (Oct. 19, 2000), at 6, citing, Postal Operations Manual §616.3 (POM Issue 8, July 16, 1998, Revised through September 7, 2000).
3 Postal Operations Manual §616.3.
4 See Perry and Marie Westcott and Charley and Mary Ellis, P.S. Docket No. MD 99-445 (Dismissal, Dec. 10, 1999); Cheryl J. Bateman and James E. Bateman, P.S. Docket No. MD 97-474 (Dismissal, Jan. 26, 1998); Ron Lauzon and Andy de los Angeles, P.S. Docket No. MD 94-81 (Memorandum of Telephone Conference and Dismissal, Nov. 4, 1994 and Order and Memorandum of Telephone Conference, Oct. 20, 1994).
5 In light of this conclusion, it is unnecessary to address Respondent Rosenberg's exceptions to the Initial Decision.
November 30, 2000
TO THE POSTMASTER AT: NEW YORK, NY 10001-9998 RE: The Mail Dispute Between ABRAHAM HIRSCHFELD and DAVID ROSENBERG P. S. Docket No. MD 00-289
All mail, currently being held or hereafter received, addressed to Stahl Associates at 277 Park Avenue, New York, NY 10172-0003 is to be delivered to the offices of Stahl Real Estate Company, Suite 4700, 277 Park Avenue, New York, NY 10172-0003.
All mail, currently being held or hereafter received, addressed to Stanley Stahl Associates at 277 Park Avenue, New York, NY 10172-0003 is to be delivered as addressed.
James A. Cohen Judicial Officer