July 13, 2000

Appeal of

J. LEONARD SPODEK d/b/a ALABAMA POSTAL HOLDINGS

LEASE AGREEMENT

(Hartford, AL Post Office

PSBCA Nos. 4124 & 4127

APPEARANCE FOR APPELLANT:

J. Leonard Spodek

APPEARANCE FOR RESPONDENT:

Gary Shapiro, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

            Appellant has filed a motion requesting that the Board reconsider the part of its decision in J. Leonard Spodek d/b/a Alabama Postal Holdings, PSBCA Nos. 4124 & 4127, 2000 PSBCA LEXIS 12, May 11, 2000, finding Appellant responsible for the cost of repairing damage caused by roof leaks at a post office he leased to Respondent.  Appellant asserts that the amount he was found responsible for was not supported by the evidence in the record.

Urging the Board to reach a different conclusion based on the facts in the record and considered in the decision is not a basis for reconsideration.  See Nationwide Postal Management, PSBCA No. 4015, 98-2 BCA ¶ 30,089.  The decision was amply supported by evidence in the record,[1] and Appellant has not shown any factual or legal errors that would warrant changing the Board’s decision.  See Nationwide Postal Management, PSBCA No. 4015, 98-2 BCA ¶ 30,089.

Accordingly, the motion for reconsideration is denied.

Norman D. Menegat

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman

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[1] The cost breakdown and the justification for charging Appellant for one of the two coats of paint applied was set forth in the declaration of Kent Holbrook (¶¶10 and 11).  By refusing to respond to Respondent’s discovery requests despite Board Orders that he do so, Appellant was deemed to have admitted the reasonableness of the repair costs Respondent incurred.