destruction of evidence due to september 11, 2001 (9/11/2001)
4 Complainant correctly points out that the agency issued a final order
addressing the wrong complaint (a previous complaint of complainant’s).
Nevertheless, complainant exercised her right to appeal the decision
to the Commission, and therefore, the agency’s error is harmless under
the circumstances. Additionally, we note that the hearing transcript is
lost due to the destruction wrought by the events of September 11. 2001,
and the Commission has been unable to retrieve the document. However, the
Commission has carefully reviewed the available evidence in the record.
On appeal, complainant has failed to persuade the Commission that the
AJ’s findings of fact are not supported by substantial evidence in
the record.
Georgia Coste,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service,
(New York Metro Area),
Agency.
Appeal No. 01200538921
Agency No. 4A-117-1161-96
Hearing No. 160-97-8630X
