December 28, 1999

Appeal of

J. LEONARD SPODEK

NATIONWIDE POSTAL MANAGEMENT

LEASE AGREEMENT

(Gardner, KS Post Office)

PSBCA No. 4245

APPEARANCE FOR APPELLANT:

J. Leonard Spodek

APPEARANCE FOR RESPONDENT:

Gary Shapiro, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

            This appeal was dismissed with prejudice on November 3, 1999, pursuant to 39 C.F.R. §955.34, because of Appellant’s repeated failure to comply with Board Orders directing Appellant to comply with Respondent’s discovery requests.  Appellant has filed a motion requesting that the Board reconsider its dismissal and Respondent has opposed the motion.  In its motion, Appellant argues that the information Respondent sought to discover, i.e., identifying the owners of the leased property involved in the appeal, was not an issue in the appeal.

In total, Appellant ignored five Board Orders directing Appellant to comply with Respondent’s discovery requests.  In each of the last two Board Orders, issued to Appellant on June 14, 1999, and September 27, 1999, Appellant was warned that its failure to furnish the requested information and documents would result in the appeal being dismissed with prejudice.  Nevertheless, Appellant failed to comply, asserting the same argument it again raises on reconsideration that the information it was directed to provide was not an issue in the appeal.

Appellant’s motion does not raise any new arguments that have not already been addressed and rejected by the Board, nor does Appellant furnish any information that could not have been submitted earlier.  Accordingly, on reconsideration, the dismissal with prejudice of this appeal is affirmed.

William K. Mahn

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman