July 3, 2001

Appeal of

J. LEONARD SPODEK and SARA NATHANSON

NATIONWIDE POSTAL MANAGEMENT

LEASE AGREEMENT

(Northside Station – Tulsa, OK)

PSBCA Nos. 4222 & 4266

APPEARANCE FOR APPELLANT:

J. Leonard Spodek

APPEARANCE FOR RESPONDENT:

Melinda Varszegi, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

            Appellants herein have filed what they term a “reply” to the Board’s April 11, 2001 Opinion on Motion for Reconsideration in these appeals.  The Board has treated this filing as a second motion for reconsideration.  Appellants repeat two arguments previously made and addressed in the April 11, 2001 Opinion.  Specifically, Appellants again argue that the amount of administrative costs awarded to Respondent in PSBCA No. 4222 should be proportionately reduced to reflect the fact that the Board disallowed a significant portion of the amount Respondent sought to collect from rents due Appellants.  In PSBCA No. 4266 Appellants again repeat their argument first made in the appeal itself, and again in their motion for reconsideration, that they should be relieved of liability for maintaining the air conditioning units at the Northside facility because Respondent replaced the air conditioning units there in 1989.

            Urging the Board to reach a different conclusion on arguments twice previously made and considered in the original decision, as well as on reconsideration, is not the basis for further reconsideration.  See Nationwide Postal Management, PSBCA No. 4015, 98-2 BCA ¶30,089.  Appellants have not shown any factual or legal errors that would warrant changing the Board’s decision.

            Accordingly, this motion for reconsideration is denied.

William K. Mahn

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrative Judge

Vice Chairman