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(2) the delay in receiving the envelope was due to a delay in the
transmission of the mail, and (3) the cause of such delay.
During the course of the hearing conducted in this case on
August 16, 1995, petitioner stated that he distinctly remembers
the circumstances surrounding the mailing of the envelope bearing
the petition filed in this case. In particular, petitioner
related to the Court that on the afternoon of February 27, 1995,
he went to the U. S. Post Office located at Grand Central Station
in New York City with the intent of mailing his petition.
However, after finding a long service line at the post office,
petitioner returned to his office where he used a private postage
meter to place sufficient first class postage on the envelope.
Petitioner states that he then returned to the post office at
approximately 5:15 p.m. and dropped the envelope bearing the
petition in the slot reserved for metered mail.
It is petitioner's view that the envelope bearing the
petition was not delivered to the Court within the ordinary
mailing time between New York, New York, and Washington, D.C.
because he failed to mark the envelope "First-Class Mail", and,
thus, it is likely that the envelope was erroneously processed as
a piece of third class mail. Petitioner adopted this view based
on a conversation with a Postal Service employee stationed at a
post office in Norwalk, Connecticut, his city of residence.
Petitioner alleges that the normal mailing time of a piece of
third class mail from New York, New York, to Washington, D.C., is
8 to 9 days.
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