Opinion
10032-22S
04-19-2023
KIMBERLY CLEMENTE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Eunkyong Choi Special Trial Judge.
This case was calendared for trial at the April 11, 2023, New York City, New York, trial session of the Court. On March 20, 2023, respondent filed with the Court a Motion to Dismiss for Failure to Properly Prosecute. By Order to Show Cause served March 21, 2023, the Court directed petitioner to show cause in writing why respondent's Motion to Dismiss for Failure to Properly Prosecute, should not be granted and a decision entered against petitioner for the amounts and year set forth in respondent's Motion. Petitioner did not file any response to the Order to Show Cause. On April 11, 2023, this case was called from the Trial Session of the Court at New York City. There was no appearance by nor anyone on behalf of petitioner. Counsel for respondent appeared and was heard. At that time respondent indicated that parties had settled the issues in the case and requested sixty days to file a signed decision document with the Court.
Upon due consideration, and for cause more fully appearing in the transcript of the proceedings, it is hereby
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute, filed March 20, 2023, is denied. It is further
ORDERED that the Court's Order to Show Cause served March 21, 2023, is discharged. It is further ORDERED that this case is continued, and jurisdiction is retained by the undersigned. It is further
ORDERED that, on or before June 9, 2023, the parties shall submit to the Court either a stipulated decision or file a joint report (or separate reports, if preferred) regarding the then-present status of this case.