Feburary 14, 2003
In the Matter of the Petition by
EVERETT J. MILLER
45 Main Street
at
Cherry Valley, NY 13320-3727
P.S. Docket No. POB 02-428
APPEARANCE FOR PETITIONER:
Everett J. Miller
45 Main Street
Cherry Valley, NY 13320-3727
APPEARANCE FOR RESPONDENT:
Catherine A. Green, Esq.
United States Postal Service
Civil Practice Section
475 L'Enfant
Plaza SW, Room 6112
Washington, DC 20260-1135
POSTAL SERVICE DECISION
On January 28, 2003, an Administrative Law Judge issued an Initial Decision dismissing the Petition for lack of jurisdiction and granting Petitioner, Everett J. Miller, five days from the date of receipt of the decision to file an appeal. The Initial Decision was delivered to Petitioner on January 30, 2003, and in the absence of a timely filed appeal became the final agency decision on February 11, 2003. On February 12, 2003, Petitioner filed an appeal from the Initial Decision. Due to Petitioner’s illness during the appeal period, his untimely appeal has been considered by the Judicial Officer.
Petitioner admits on appeal that he has not been denied post office box service. Instead, Petitioner continues to take issue with the decision of local Postal Service officials pertaining to the location of a curbside mailbox. As stated in the Initial Decision, neither the Administrative Law Judge nor the Judicial Officer has jurisdiction to review decisions regarding the location of curbside mailboxes. The scope of the rules in 39 C.F.R. Part 958 is limited to “cases in which a postmaster has issued a Determination denying an application for post office box or caller service, or terminating the box or caller service being provided to a customer.”[1] The undisputed facts establish that Petitioner currently has a post office box and service to that box has not been terminated. Accordingly, Petitioner’s appeal is denied.
James A. Cohen
Judicial Officer