November 18, 2005
In the Matter of a Mail
Dispute Between
ALLEN SILVERSTEIN
and
BRADFORD G. AMIDZICH
P.S. Docket No. MD 05-169
APPEARANCE FOR DISPUTANT ALLEN SILVERSTEIN:
Allen Silverstein
2281 Swan Boulevard
Wauwatosa, WI 53226-2652
APPEARANCE FOR DISPUTANT BRADFORD G. AMIDZICH:
Bradford G. Amidzich
N30W23789 Green Road, Apt. 5
Pewaukee, WI 53072-5739
POSTAL SERVICE DECISION
On September 30, 2005, an Initial Decision was issued in which an Administrative Law Judge concluded that all mail addressed to Vent-Matic Company, Inc., 2281 Swan Boulevard, Wauwatosa, WI 53226-2652, should be delivered as directed by Disputant Bradford G. Amidzich. Disputant Allen Silverstein has filed an appeal from the Initial Decision.[1]
Disputant Silverstein has not shown that the Initial Decision is clearly erroneous or that any other grounds exist for the Judicial Officer to exercise his discretion to grant review on appeal. Although Disputant Silverstein argues the Administrative Law Judge improperly relied on section 180.0824 of the Wisconsin code in reaching his decision, he has not shown that he was properly elected to succeed Disputant Amidzich as president of the corporation under any other section of the code, or any articles of incorporation or by-laws adopted by the corporation, or that any other reason exists for the Judicial Officer to overturn the Initial Decision.
Disputant
Silverstein also argues that a court order has been issued appointing a
temporary receiver to conduct the business of the corporation and receive
delivery of the corporation’s mail. Although
the parties were given an opportunity to present an authenticated court
document showing the appointment of the receiver and his or her right to obtain
delivery of the mail, neither has filed such an order with the Judicial
Officer. In the absence of evidence of a
court order, the mail in dispute will be delivered as recommended by the
Administrative Law Judge. However, if a
court order is issued directing a different disposition of the disputed mail, and
an authenticated copy of the order is filed with the Judicial Officer, mail
received thereafter will be delivered in accordance with the court's order.[2]
Disputant Silverstein’s request for review of the Initial Decision is denied, and all mail addressed to Vent-Matic Company, Inc., 2281 Swan Boulevard, Wauwatosa, WI 53226-2652 is to be delivered as directed by Disputant Amidzich.
James A. Cohen
Judicial Officer
[1] Disputant Silverstein attached evidence to his appeal
which had not previously been presented for inclusion in the record. Both
parties were provided a full opportunity to present evidence in support of
their right to delivery of the disputed mail while the matter was pending
before the Administrative Law Judge. Since
no showing has been made that the evidence was newly discovered or that it was
otherwise unavailable for inclusion in the record before the Administrative Law
Judge, it will not be considered on appeal.
The Pelican Group and Consultis, Inc.,
P.S. Docket No. MD 00-475 (P.S.D. Feb. 5, 2001); Edwin
J. Kirschner and Elaine Cartechine
& Virginia Blanchard, P.S. Docket No. MD 98-39 (Order April 24, 1998); Paula
A. Sheppard and Lisa M. Signorelli, P.S. Docket
No. MD 97-190 (P.S.D. Aug. 15, 1997).