In the Matter of the Petition by                                 )
                                                                                )
FRANK GOMON                                                      )
P.O. Box 570031                                                     )
Tarzana, CA 91357-0031                                       )
                                                                                )
                                                                                )
Termination of Post Office Box                               )
Service for P.O. Box 570031,                                 )
Tarzana, CA                                                            )   P.S. Docket No. POB 98-505

APPEARANCE FOR PETITIONER:                            Frank Goman
                                                                                P.O. Box 570031
                                                                                Tarzana, CA 91357-0031

APPEARANCE FOR RESPONDENT:                        Michael W. Mumbach, Esq.
                                                                                Civil Practice Section
                                                                                United States Postal Service
                                                                                Washington, DC 20260-1127

Petitioner, Frank Gomon, has filed an appeal from an Initial Decision of an Administrative Law Judge granting Respondent’s Motion for Summary Judgment and dismissing Petitioner’s appeal from the decision of the Tarzana, CA Postmaster to close P.O. Box 570031.

In the Initial Decision the Administrative Law Judge found that Petitioner had failed to provide a verifiable address on his updated post office box application as requested by the Tarzana Postmaster. Petitioner has not shown that the Initial Decision is erroneous as a matter of fact or law or that any other basis exists for granting his appeal.^1/ Petitioner contends on appeal that he is entitled to reside at the address on the application and, therefore, that he provided a verifiable address to the Postmaster. To support this argument, Petitioner has attached an envelope addressed to him at the address furnished on the updated application form. However, the envelope itself does not establish that Petitioner resides at that address. Moreover, any evidence regarding a verifiable address should have been presented to the Administrative Law Judge, and no showing has been made that the new evidence should be considered on appeal.

Accordingly, the Administrative Law Judge’s conclusion that Petitioner failed to provided a verifiable address to the Postmaster is supported by the record and will not be overturned on appeal. Therefore, Petitioner’s appeal is denied and the Administrative Law Judge’s Initial Decision upholding the termination of post office box service for P.O. Box 570031 is affirmed.

James A. Cohen
Judicial Officer

1. Petitioner asserts that the denial of his request for a 60-day continuance of the period for filing an appeal prevented him from filing a proper appeal. The Judicial Officer concluded that Petitioner had not shown that a 60-day extension was warranted, but granted Petitioner an additional ten days to file his appeal. Petitioner has not shown that any additional extension was justified. Moreover, Petitioner's motions following the issuance of the Initial Decision clearly show that Petitioner was capable of preparing and filing exceptions to the Initial Decision within the time allowed.