In the Matter of a Mail Dispute Between

CHRISTINE A. BOCHICCHIO
BRUCE BOCHICCHIO
and
PAULA ZAPPULLA
P.S. Docket No. MD 04-182

APPEARANCE FOR DISPUTANTS CHRISTINE A. BOCHICCHIO BRUCE BOCHICCHIO:
Eugene Marconi, Esq.
111 Founders Plaza, Suite 1101
East Hartford, CT 06108-3289

APPEARANCE FOR DISPUTANT PAULA ZAPPULLA:
Mark Malley, Esq.
30 Main Street
Thomaston, CT 06787-1715

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) 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 Lake & Leisure Realty, LLC, at 174 Bantam Lake Road, Morris, CT 06763-1104.  The Morris, Connecticut Postmaster is currently holding the mail.

            Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, or any other documents beyond those previously submitted to the postmaster.  The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Northeast Area Office.

FINDINGS OF FACT

            1.  In July 2002 Lake & Leisure Realty, LLC was created by Paula Zappulla, Antoinette Osterhout, Bruce Bochicchio and Christine Bochicchio.  The office and mailing address was listed as 174 Bantam Lake Road, Morris, CT 06763.  (Operating Agreement of Lake and Leisure Realty, LLC).

            2.  The Operating Agreement named Paula Zappulla the “initial Manager” of the company, and provided procedures for subsequent elections of managers.

            3.  On July 30, 2003, the same four members signed a Cross-Purchase Buy-Sell Agreement “to insure continuous and harmonious management” by requiring that on certain “Triggering Events,” a member could not sell his or her interest without the consent of the other members, and the remaining members would have the first option to purchase.

            4.  On April 2, 2004, Ms. Zappulla and Ms. Osterhout wrote to the Bochicchios, stating that due to “differences in day to day operation opinions,” they were separating from Lake and Leisure Realty, LLC to start a new business.  (Zappulla October 29, 2004 letter to postmaster; Christine Bochicchio undated letter to Postal Inspector; April 2, 2004 letter included with Bochicchio documents).

            5.  Some months thereafter, apparently because Ms. Zappulla was still listed as a broker for Lake and Leisure Realty, LLC, and because the Bochicchios stated that they did not wish to buy her and Ms. Osterhout’s shares of the business, Ms. Zappulla made a claim to the mail.  (Zappulla July 26, 2004 email; Bochicchio October 5, 2004 email; Postmaster October 25, 2004 letter – all included with Zappulla documents).

DECISION

            It is unclear exactly what precipitated this mail dispute and, because neither party filed the statements required by 39 C.F.R. §965.5, it is also not clear whether either party claims to currently be operating the business, or what their respective claims to the mail are.

            However, there is no apparent dispute over the fact that Ms. Zappulla and Ms. Osterhout resigned, or otherwise separated themselves from the business.  Therefore, even though there is no evidence that anyone else was elected “Manager” to replace Ms. Zappulla, the mail should continue to be delivered to the Bochicchios, the only remaining members of Lake and Leisure Realty, LLC.

            This decision deals only with delivery of mail.  It does not determine ownership of the contents of the mail, and does not attempt to resolve any other disputes between the parties.  If the Bochicchios receive mail that is clearly intended for Ms. Zappulla, it is their responsibility to forward that mail.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3.

            The Judicial Officer should issue an Order to the Morris, Connecticut Postmaster that the disputed mail be delivered as directed by Christine and Bruce Bochicchio.

Bruce R. Houston
Chief Administrative Law Judge