In the Matter of the Petition by                                )
                                                                               )
ANTHONY E. DIBARI                                              )
P. O. Box 25                                                           )
Eastchester, NY 10709-0000                                )
                                                                               )
                                                                               )
Notice of Intent to Close                                         )
P.O. Box 25                                                            )   P.S. Docket No. 20/21

APPEARANCES FOR PETITIONER:                        Anthony E. Dibari
                                                                              P. O. Box 25
                                                                              Eastchester, NY 10709

APPEARANCE FOR RESPONDENT:                      Thomas A. Ziebarth, Esq.
                                                                              Consumer Protection Division
                                                                              Law Department
                                                                              United States Postal Service
                                                                              Washington, DC 20260-1112

POSTAL SERVICE DECISION

Petitioner has appealed from a decision of an Administrative Law Judge dismissing his appeal from a determinatioin to close P. O. Box 25 at Eastchester, New York. The appeal was dismissed because the Administrative Law Judge found that Petitioner had refused to provide his address on PS Form 1093, "Application for Post Office Box or Caller Number" as requested by officials at the Eastchester Post Office. Petitioner contends that Form 1093 does not require that a home address be furnished. Further, he contends that a Federal District Court has held that a permanent address is not required in order for a person to be eligible to vote, and no greater requirement should be imposed on a person seeking to use a post office box. Respondent has filed a timely reply opposing Petitioner's appeal.

The record establishes that Petitioner was requested to update his Form 1093, but that he refused to provide the Postal Service with any address other than the post office box for which the information was requested. Form 1093 requires in item 5 that an applicant fill in his or her "Address (No. Street, City, State and ZIP Code. Record address change on reverse and line out address below.)." The Domestic Mail Manual provides in § 951.131 that "refusal to furnish required information on Form 1093 may be sufficient reason for denial of the application or discontinuance of service." In § 951.144, the Domestic Mail Manual provides that a boxholder has a duty to update any changes in the information required on Form 1093 and to file a revised application reflecting such changes.

Petitioner was required to furnish his address to the Postal Service on Form 1093, and his refusal to do so was a violation of the requirements of the Domestic Mail Manual. Under such circumstances discontinuance of service is appropriate. The fact that homeless persons are entitled to vote has no relation to the requirements for obtaining a post office box. As Respondent points out there is no Constitutional right to a post office box. Accordingly, the Administrative Law Judge properly affirmed the decision to close Petitioner's post office box. Petitioner's appeal is therefore denied.

James A. Cohen
Judicial Officer