August 10, 1988

Appeal of

GREGORY HILDERBRAND d/b/a

NEVERTHELESS MESSENGER SERVICE

Under Contract No. HCR 60460

PSBCA No. 1734

APPEARANCE FOR APPELLANT:

Gregory Hilderbrand

APPEARANCE FOR RESPONDENT:

Maria T. Robinson, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

On May 31, 1988, the board issued an opinion denying Appellant’s appeal of the default termination of its highway transportation contract. Appellant has filed a document entitled “Opinion of Gregory Hilderbrand” which appears to take issue with, and request reconsideration of, the Board’s decision. The document is being treated as a motion for reconsideration.

The Board’s rules, at 39 C.F.R. § 955.30, state:

“A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion, and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing the motion.”

The Board’s decision was received by Appellant on June 7, 1988, according to the mail receipt returned to the Board. Appellant’s motion bears a typed date of July 27, 1988, and was postmarked on July 29, 1988. The motion was received by the Board on August 3, 1988. Timeliness is determined by the date of mailing of the motion. F.W.H. Motor Transit, Inc., PSBCA No. 1317 (November 22, 1985). Appellant’s motion was mailed 52 days after receipt of the Board’s decision. The motion does not suggest any good cause for extending the time for filing and is therefore untimely. Nevertheless, we have considered the motion and nothing contained therein persuades us to reverse the earlier decision and grant the appeal.

Accordingly, the motion for reconsideration is denied.

Appellant has requested that, in the event of an unfavorable decision, he be allowed to appeal to the “next level of appeals.” The forum which considers appeals from decisions of this Board is the United States Court of Appeals for the Federal Circuit. See 41 U.S.C. § 607.

David I. Brochstein

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

James D. Finn, Jr.

Administrative Judge

Vice Chairman