In the Matter of a Mail Dispute                                )
Between                                                                )
                                                                               )
JOHN SQUITIERI                                                     )
                                                                               )
  and                                                                       )
                                                                               )
FREDERIC GREENBERG                                         )    P.S. Docket No. MD 98-206

APPEARANCE FOR DISPUTANT                            Ranan J. Wichler, Esq.
    JOHN SQUITIERI:                                                Wichler & Gobetz, PC
                                                                               400 Rella Boulevard, Suite 213
                                                                               Suffern, NY 10901-4239

APPEARANCE FOR DISPUTANT                            Frederic Greenberg
     FREDERIC GREENBERG:                                   P.O. Box 421
                                                                               Suffern, NY 10901-0421

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual, Issue 7 (August 1, 1996), Section 616.21, which requires the chief field counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Marcoat International Ltd., P.O. Box 511, Tallman, NY 10982-0511. The mail is currently being held by the Tallman Postmaster.

Mr. Squitieri submitted sworn statements and additional documents. Mr. Greenberg made no submission in this proceeding, although he submitted some documents to the Tallman Post Office. The findings of fact are based on Mr. Squitieri's submittal and documents provided by the Tallman Post Office, copies of which were provided to each party.

FINDINGS OF FACT

1. In 1988, Mr. Squitieri applied for a post office box and was assigned P.O. Box 511, Tallman, New York. The box application reflected his intention to use the box for a number of businesses, but Marcoat International Ltd. was not among those listed.

2. Marcoat International Ltd. was incorporated in New York in June 1997. At the organizational meeting on June 10, 1997, Mr. Squitieri was issued one share of stock in Marcoat International Ltd., and he was named as the sole director and officer of the corporation.

3. In approximately July of 1997, Mr. Squitieri and Mr. Greenberg executed an agreement that provided for equal ownership of Marcoat International Ltd. in exchange for the transfer of certain business assets to the corporation by each person. The asset transfers never occurred, and the corporation never issued the stock contemplated by the agreement.

4. Through actions taken by Mr. Squitieri, Marcoat International Ltd. was dissolved in April 1998.

DECISION

Mr. Greenberg failed to file a sworn statement (or any statement) as required by 39 C.F.R. §965.5 and the Notice of Docketing. Accordingly, he may be held in default under 39 C.F.R. §965.7.

Furthermore, the record does not show that Mr. Greenberg had any connection to Marcoat International Ltd. beyond the July 1997 agreement, which was never consummated. He was never issued any stock, and he never held any position with the corporation. Mr. Squitieri organized the corporation and was its sole shareholder, director and officer. Accordingly, Mr. Squitieri is entitled to control delivery of the corporation's mail.

The attached delivery order should be issued.

Norman D. Menegat
Administrative Judge

PROPOSED ORDER

June 18, 1998

TO THE POSTMASTER AT:    TALLMAN, NY 10982-9998

                                     RE:    JOHN SQUITIERI

                                                        and

                                     FREDERIC GREENBERG

                                     P.S. Docket No. MD 98-206

Mail addressed to Marcoat International Ltd., P.O. Box 511, Tallman, New York 10982-0511, currently held or hereafter received, is to be delivered as directed by John Squitieri.

Judicial Officer

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND SIGNED BY THE JUDICIAL OFFICER