Peter R. Little - Page 7

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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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