United States Postal Service(TM)


 In the Matter of the Complaint Against

 BAY STATE POWER LIGHT & SUPPLY
 288 Little Road

 and

 BAY STATE CORP.
 Box 259 at
 Chelmsford, MA 01824

 P.S. Docket No. 11/166;
 
 09/28/81
 
 Cohen, James A.

 APPEARANCE FOR COMPLAINANT:
 H. Richard Hefner, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-1100

 APPEARANCE FOR RESPONDENT:
 Anthony P. Mondello, Esq.
 Mondello & Mondello
 Zero Governors Avenue
 Medford, MA 02155


POSTAL SERVICE DECISION

ON MOTION TO SET ASIDE DEFAULT

By motion dated August 31, 1981, Respondent seeks to have set aside an Order of Default and an accompanying Mail Stop Order which were issued on August 31, 1981. The Order of Default and accompanying Mail Stop Order, Order No. 81-182, which Respondent seeks to have set aside were issued because Respondent had not filed its answer within the 15-day period provided in the Rules of Practice, 39 CFR 952, and the Notice of Answer and Hearing served on Respondent on August 3, 1981. The return portion of Mail Stop Order No. 81-182 has been stayed during the pendency of Respondent's motion.

Respondent argues that its failure to file a timely answer occurred because Mr. Stephen Salvatore, operator of Respondent, was away on business at the time of service of the Complaint and, since the envelope containing the Complaint in this case bore no date of service, Respondent's counsel believed the Complaint was served on Respondent on either August 15 or 16, 1981, the date Mr. Salvatore brought the Complaint to counsel's office.

Complainant opposes Respondent's request to set aside the default. Complainant alleges that Respondent's motion does not establish good cause for failing to file the Answer within the time allowed and, therefore, should not be set aside.

Respondent has not established that the default and accompanying Mail Stop Order should be set aside. The Complaint was properly served on Respondent on August 3, 1981, and its failure to establish procedures for handling mail while it soperator was away on business and its failure to document the date of receipt of the Complaint and advise its counsel of such date is inadvertence or neglect which is not excusable. See Adam York, P.S. Docket No. 11/138 (P.S.D. September 10, 1981); Economic Data Corporation, P.S. Docket No. 11/92 (P.S.D. July 17, 1981); Government Lands Digest, P.S. Docket No. 10/111 (P.S.D. July 7, 1981); ViAids Laboratories, P.S. Docket No. 6/172 (P.S.D. December 15, 1978), aff'd, ViAids Laboratories, Inc. v. United States Postal Service, 464 F. Supp. 976 (S.D. N.Y. 1979).

Accordingly, Respondent's request to set aside the default is denied, Supplement A to Mail Stop Order No. 81-182 is revoked, and Mail Stop Order No. 81-182 is placed in full force and effect.