In the Matter of a Mail Dispute Between:

RABBI JONAS GRUENZWEIG
and
HAROLD JACOB

P.S. Docket No. MD-88

Brochstein, David I., Administrative Judge, Board Member

APPEARANCE FOR RABBI GRUENZWEIG: Wayne J. Mazur, Esq., Mazur &
Bocketti, 225 Broadway, New York, NY 10007-3001

APPEARANCE FOR MR. JACOB: Robert Jay Dinerstein, Esq., Dinerstein & Lesser, P.C., 6080 Jericho Turnpike, Commack, NY 11725-2109

INITIAL DECISION

This mail dispute proceeding was docketed in accordance with Domestic Mail Manual (DMM) § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Both disputants filed written submittals under 39 C.F.R. § 965.5 and comments under § 965.6.

FINDINGS OF FACT

1. The mail in dispute is that addressed to Chevra Hatzalah, n1 Hatzalah Emergency Help, and Hatzalah Volunteer Ambulance at P.O. Box 3500, Brooklyn, NY 11202, and that addressed to Chevra Hatzalah at 145 Rutledge Street, Brooklyn, NY 11211.

n1 As argued by Disputant Jacob and as shown in various documents submitted by the parties, the word Hatzalah is spelled in a variety of ways - e.g., Hatzolah, Hatzoloh, etc. This occurs because the word is a Hebrew word, using the Hebrew alphabet, which has been transliterated into English. For convenience, this decision generally adopts the spelling of the word as Hatzalah, but is intended to apply equally to other spellings. Disputant Gruenzweig's argument that there is signi- ficance to the different spellings is not accepted.

2. Chevra Hatzalah, Inc., is a religious corporation incorporated in the State of New York in 1971 (Jacob submittal, Exhibit 1).

3. In April 1976 the corporation, using the name Hatzalah Emergency Help, was issued Ambulance Service Registration No. 7191 by the New York State Department of Health. The area covered by the registration was the Williamsburg section of Brooklyn. (Jacob submittal, Exh. 2, 3)

4. In 1978 the Registration was amended to add several additional sections of Brooklyn to the territory. The addresses listed on the application for the ambulance service included 145 Rutledge Street, one of the addresses at issue. In 1978 a Committee was formed to "establish and improve the policies of Hatzoloh and the rendering of services by Hatzoloh...." The committee consisted of representatives of a number of the areas served by the organization. Both parties to this dispute were signatories of the agreement which formed the committee. (Jacob submittal, Exh. 4, 6).

6. In May 1980, a religious corporation using the name Hatzalah Emergency Help was incorporated. The principal place of business was listed as 145 Rutledge Street. Rabbi Jonas Gruenzweig was listed as one of the original subscribers and trustees of the corporation. (Gruenzweig affirmation, Exh. B).

7. In 1982, Disputant Jacob was president of Chevra Hatzalah, Inc., and Disputant Gruenzweig was its secretary (Certificate of Corporate Banking Resolution). 8. In December 1982, P.O. Box 3500, Brooklyn, the other address in issue, was rented. Part I of the application form listed "Jonas Gruenzweig Director" as the person making the application. The name to which the box number was assigned was shown as "Chevra Hatzalah," followed in smaller letters by "volu. amb or Hatzoloh." Part II of the application form stated that the following persons or authorized representatives of the following organizations were authorized to accept mail from the box: Jonas Gruenzweig, Hatzoloh Emergency Help, Rabbi J. Gruenzweig, Hatzolah Volu. Amb., Hatzoloh, and Chevra Hatzalah.

9. On January 24, 1983, an application for the expansion of ambulance service to the five boroughs of New York City was filed with the State Department of Health. The application was on Chevra Hatzolah letterhead, listing 145 Rutledge Street as the headquarters, and was signed by Disputant Gruenzweig as Director of the Hatzolah Volunteer Ambulance Corps. The application stated that the service would be provided under the name Hatzoloh Emergency Help, was owned and operated by Chevra Hatzalah, Inc., and had an address of P.O. Box 3500. An amended application, dated April 21, 1983, contained essentially the same information, but listed 145 Rutledge Street as the address of Chevra Hatzalah, Inc. (Jacob submission, Exh. 10, 13).

10. In January 1984, Disputant Gruenzweig filed with the Clerk of Kings County, New York, a business certificate stating that he was then transacting business under the name of Chevra Hatzalah at 145 Rutledge Street (Gruenzweig affirmation, Exh. B).

11. In February 1984, Disputant Jacob was president of Chevra Hatzalah, Inc. (Certificate concerning bank account at Manufacturers Hanover Trust).

12. In May 1986, a not-for-profit corporation with the name Hatzolah Volunteer Ambulance Corporation was formed, also using the address 145 Rutledge Street (Gruenzweig affirmation, Exh. B).

13. No later than May 10, 1987, the Central Committee of Chevra Hatzalah moved to a different address - i.e., 4821 16th Avenue, Brooklyn. By letter of that date Disputant Gruenzweig was asked by the Central Committee to turn over all items pertaining to "Hatzalah, Chevra Hatzalah, Hatzalah Emergency Help, or other name used by this organization...." In a handwritten note dated May 24, 1987, Disputant Gruenzweig stated that he was complying with the request to hand over the items pertaining to Chevra Hatzalah, Inc. (Jacob submittal, Exh. 17).

14. On June 19, 1988, a resolution was passed by what was stated to be the board of directors of Chevra Hatzolah Volunteer Ambulance Squad, stating that P.O. Box 3500 was to be closed, that mail from that P.O. Box was to be forwarded to the corporation at 4821 16th Avenue, Brooklyn, and that only the officers of the corporation, including Disputant Jacob as president, were to give instructions to the Post Office regarding the corporation's mail. The copy of the resolution in the record of this dispute appears on Chevra Hatzalah, Inc., letterhead bearing the 4821 16th Avenue address. (Gruenzweig reply affirmation, Exh. F).

15. In August 1988 an updated application for P.O. Box 3500 was filed by Disputant Gruenzweig. The application was in the name of Hatzoloh Emergency Help and listed the following as authorized to receive mail: Hatzoloh Emergency Help, Rabbi J. Gruenzweig, Hatzoloh, Hatzolah Volunteer Ambulance, Chevra Hatzalah, Hatzalah Equipment, and Hatzoloh Rescue Squad. (Gruenzweig reply affirmation, Exh. E).

16. In July 1989 an investigative hearing was held by the New York State Department of Health to determine the identity of the party authorized to operate an ambulance service within the City of New York under Ambulance Service Registration Number 7191. The parties included Hatzoloh Emergency Help and Chevra Hatzalah, Inc. The final order of the Commissioner of Health, based on a stipulation by the parties, was that Chevra Hatzalah, Inc. was the entity authorized to operate the ambulance service. (Jacob submittal, Exh. 19).

17. Since at least 1986, payments for the rental of P.O. Box 3500 have been made by checks bearing the name Hatzoloh Emergency Help, Disputant Gruenzweig's organization (Gruenzweig reply affirmation, Exh. G).

18. Disputant Jacob is the president of Chevra Hatzalah, Inc., whose principal address is 4821 16th Avenue, Brooklyn, NY (Chevra Hatzalah resolution, dated March 6, 1990).

19. Disputant Gruenzweig is the president of the corporation with the name Hatzoloh Emergency Help, with an address of 145 Rutledge St. (Minutes of meeting, dated September 1, 1988).

20. By letter dated March 7, 1990, to the Postmaster, Disputant Jacob requested that all mail addressed to 145 Rutledge Street and P.O. Box 3500 be forwarded to 4821 16th Avenue.

CONCLUSIONS OF LAW

1. By the provisions of the DMM pertaining to post office boxes, the box customer (as defined in DMM § 951.122) is the person signing the application as an individual or the organization on whose behalf the individual signs. In this instance, P.O. Box 3500 was rented by Disputant Gruenzweig acting on behalf of Chevra Hatzalah, Inc. Therefore, that corporation was the original box customer. The record does not contain persuasive evidence that Chevra Hatzalah, Inc., intended to relinquish control over the box. In the absence of such evidence, the corporation remains the box customer and is entitled to receive any mail addressed to the box. DMM § 951.151. Disputant Gruenzweig's possession of the box key does not evidence an intent by the corporation to relinquish control of the box to him, since his possession of the key came about as a result of his having rented the box on the corporation's behalf. Payment of the box rent by Disputant Gruenzweig's organization also is not persuasive evidence of an intent by Chevra Hatzalah, Inc., to give up control of the box. Finally, the fact that a revised application form was filed in August 1988 is not considered significant in the absence of any specific information regarding the nature of the "proceeding" or "inquiry" allegedly conducted by Inspector Fileccia (see Order dated July 2, 1990).

2. In addition, where there is a dispute between organizations with the same or similar names, and where there is doubt as to the intended recipient of mail, delivery is made to the party first adopting the name. Vol. I, Opinions of the Solicitor of the Post Office Department, p. 930 (1884).

3. The names Chevra Hatzalah, Hatzalah, Hatzalah Emergency Help, and Hatzalah Volunteer Ambulance Corps, are names which were first used by Chevra Hatzalah, Inc., in connection with its ambulance and first-aid service. Corporations with the same or similar names (i.e., Hatzoloh Emergency Help and Hatzolah Volunteer Ambulance Corporation) came into existence after the names had been used by Chevra Hatzalah, Inc. Therefore, mail addressed to those names at P.O. Box 3500 should be delivered to Chevra Hatzalah, Inc.

4. Mail addressed to corporations is delivered as addressed or to an authorized agent, or in accordance with the order of the president of the corporation where there is disagreement among corporate officers or others connected with the corporation. DMM § 153.51. Since Disputant Jacob is the president of Chevra Hatzalah, Inc., and since that organization is entitled to mail addressed to Box 3500, mail so addressed should be delivered as directed by him.

5. It is noted that forwarding of mail addressed to the box for other persons is the responsibility of the box customer rather than the Postal Service. DMM § 951.753.

6. Mail addressed to Chevra Hatzalah at 145 Rutledge Street, however, should be delivered as addressed. The central committee of Chevra Hatzalah, Inc., has been located at 4821 16th Avenue for at least three years. It is concluded that, after that period of time, the most likely intended recipient of mail addressed to Chevra Hatzalah at 145 Rutledge Street is the Chevra Hatzalah branch or organization located at that address. Accordingly, mail so addressed should not be forwarded as requested by Disputant Jacob.

7. The purpose of this proceeding is to determine which party is entitled to delivery of the mail in the absence of an agreement between the parties or a court order. This decision does not determine the question of ownership of the mail or ultimate entitlement to it. Thus, if either party receives mail clearly intended for the other, the receiving party should see to it that the mail is forwarded to the correct destination.

8. The attached mail delivery instruction to the Postmaster should be issued.