- 13 - piece of mail at issue was deposited in the U.S. mail on or before the last day of the period prescribed for filing petitioners’ petition. (2) Was the Delay in Receiving Petitioners’ Petition Due to a Delay in the Transmission of Mail? The Court, at trial, received into evidence a letter from the U.S. Postal Service dated August 26, 2004. The letter indicates that from May 13 through May 25, 2004, the piece of mail at issue was delayed due to the fault of the U.S. Postal Service. Mr. Wong, an employee of the U.S. Postal Service, interpreted the terms in this letter to mean that on May 13, 2004, the piece of mail at issue was incorrectly scanned as delivered. He also testified that a piece of mail sent from Hazlet, New Jersey, to Washington, D.C., usually does not go through Clarksburg, New Jersey, where it was received and incorrectly scanned as delivered. According to Mr. Wong, the piece of mail at issue should have been scanned as missent. A missent piece of mail is one that arrives at the wrong destination. When a missent piece of mail is properly scanned as missent, the post office that incorrectly received the piece of mail is identified. Respondent contends that the delay in the Court’s receipt of the piece of mail containing petitioners’ petition was not the result of a delay in the transmission of the mail. Specifically, respondent points to the U.S. Postal Service letters dated June 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011