Opinion
31158-21
03-28-2024
ESTATE OF DAVID BENISHAI, DECEASED, HANNA HANDLER, ADMINISTRATOR & HANNA HENDLER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Elizabeth A. Copeland, Judge
This case is calendared for trial at the Trial Session of the Court scheduled to commence on April 8, 2024, in New York, New York.
On March 14, 2024, Respondent filed with the Court a Status Report. Respondent informed the Court that Petitioners' have not provided the documents or responses requested in both informal and formal discovery. Respondent also informed the Court that the case is not likely to be ready for trial on the scheduled trial date of April 8, 2024.
On March 26, 2024, the Court held a conference call with the parties. Petitioners' counsel informed the Court that she has been dealing with health-related difficulties. Petitioners' counsel informed the Court that documentation had been submitted to Respondent. Respondent confirmed that he had received the documentation but had not been able to review the documents as of the time of the call. Both parties agreed that a continuance of the case would be in the best interests of justice. The Court informed the parties that this case will be continued and set on a status report track.
For cause, it is
ORDERED that, sua sponte, this case is stricken for trial from the Trial Session of the Court scheduled to commence on April 8, 2024, in New York, New York. It is further
ORDERED that jurisdiction of this case is retained by this Division of the Court. It is further
ORDERED that, on or before April 29, 2024, and every thirty (30) days thereafter, the parties shall file with the Court a status report informing the Court of the then-present status of this case.