In the Matter of a Mail Dispute Between

WILLIAM MORRELL

           and

JEREMY CONNORS

P.S. Docket No.  MD 07-85

APPEARANCE FOR DISPUTANT
WILLIAM MORRELL

APPEARANCE FOR DISPUTANT
JEREMY CONNORS:

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 Kielty’s, Kielty’s Emerald Isle, Waterford Pub Ventures, Inc., 39 Broad Street Ltd., and/or 39 Broad Street Corp., at P.O. Box 6, Waterford, NY 12188-0006.  The Waterford Postmaster is currently holding the mail.

            Mr. Morrell filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5.  Mr. Connors submitted nothing in this proceeding.  The following findings of fact are based on Mr. Morrell’s statement and the material  forwarded by the United States Postal Service Law Department, Northeast Area Office.  The latter includes a copy of a Complaint filed by Mr. Morrell in October 2006 as Plaintiff in a lawsuit against several Defendants in the New York State Supreme Court, Saratoga County.

FINDINGS OF FACT

            1.  As an entity known as R & D Trading Co., Inc., Mr. Morrell owns the real property located at 39 Broad Street, Waterford, New York.  Until about March 6, 2006, Mr. Morrell operated a restaurant and pub business there, known as Kielty’s or Kielty’s Emerald Isle.  (Morrell statement; Complaint).

            2.  Three people named Landis, Frederick, and Hubbell are officers/owners of two corporations called Waterford Pub Ventures, Inc. (WPVI), and 39 Broad Street Ltd. (BSL).  Mr. Connors, the other disputant in this case, is the son of Ms. Hubbell.  (Morrell statement; Complaint).

            3.  In March 2006, Mr. Morrell entered into agreements with WPVI and BSL for the purchase, over time, of the assets of R & D Trading Co., Inc., and the premises at 39 Broad Street.[1]  Landis, Frederick, and Hubbell took possession of the premises at 39 Broad Street at that time and began operating Kielty’s.  (Complaint).

            4.  Sometime in 2006, after Landis, Frederick, and Hubbell took possession of the premises at 39 Broad Street, they began receiving mail addressed to Kielty’s, Kielty’s Emerald Isle, Waterford Pub Ventures, Inc., 39 Broad Street Ltd., and 39 Broad Street Corp., at P.O. Box 6.  This post office box is rented by Mr. Connors.  There is nothing in the case file to indicate that they did this by a Change-of-Address Order, rather than by merely directing senders as to how mail should be addressed. (Morrell statement; Complaint).

            5.  Sometime later in 2006, based on actions he perceived to be in breach of the agreements, Mr. Morrell issued default notices, and a notice to vacate the premises at 39 Broad Street, to WPVI and BSL.  The Village Court for the Village of Waterford then issued a Warrant of Eviction to WPVI and BSL.  (Complaint).

            6.  Sometime thereafter, also in 2006, Mr. Morrell took back possession of the premises at 39 Broad Street.  Since then, he has been handling business matters related to Kielty’s.  (Morrell statement; Complaint).

            7.  On October 11, 2006, Mr. Morrell filed a lawsuit for damages against WPVI, BSL, Landis, Frederick, and Hubbell in the New York State Supreme Court, Saratoga County.

            8.  On or about October 17, 2006, the Waterford Postmaster began holding the disputed mail.  The case arrived here on March 12, 2007.

DECISION

            As Mr. Connors filed nothing to support his claim as required by 39 C.F.R. §965.5, he is in default.  That alone is sufficient grounds for a ruling in favor of Mr. Morrell.  39 C.F.R. §965.7.  However, the information submitted by Mr. Morrell demonstrates that he has no ownership interest, and holds no officer’s position, in the two corporations, WPVI or BSL, and thus he has no entitlement to mail addressed to those corporations.

            As for mail addressed to Kielty’s or Kielty’s Emerald Isle, while it is unclear whether Mr. Morrell is again operating the restaurant/pub, it is clear that the other parties are not.  Because Mr. Morrell has taken back the premises and is handling business matters related to Kielty’s, he is entitled to mail addressed to that business.

            This decision deals only with delivery of mail.  It does not determine ownership of the contents of the mail and does attempt to resolve any underlying financial disputes between the parties.  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.  If Mr. Morrell receives any mail that is intended for other parties personally, it is his responsibility to forward that mail.

            The Judicial Officer should issue an Order to the Waterford Postmaster that mail addressed to Kielty’s, or Kielty’s Emerald Isle, at P.O. Box 6, Waterford, NY 12188-0006, should be delivered as directed by Richard W. Morrell,[2] and that mail addressed to Waterford Pub Ventures, Inc., 39 Broad Street Ltd., and/or 39 Broad Street Corp., at P.O. Box 6 should be delivered as addressed.

Bruce R. Houston
Chief Administrative Law Judge

[1] These agreements are not part of the record.

[2] Based on the postmaster’s letter, and the Law Department forwarding letter, this case was docketed with the name William Morrell.  Everything submitted by Mr. Morrell shows his name as Richard W. Morrell.