Opinion
4709-22S
05-14-2024
XAVIER EDWARD HUNTER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Diana L. Leyden Special Trial Judge
This case is calendared for trial at the June 10, 2024, Albany, New York, Trial Session of the Court.
On April 18, 2024, respondent filed a Motion to Dismiss for Failure to Properly Prosecute (motion to dismiss). Petitioner's views on the granting of the motion were unknown. On May 14, 2024, the Court held a telephone conference with the parties. Upon due consideration and for cause, it is
ORDERED that, on the Court's own motion, this case is stricken for trial from the Court's June 10, 2024, Albany, New York, Trial Session and is continued. Petitioner is not expected to appear at the calendar call on Monday, June 10, 2024. It is further
ORDERED that respondent's above-referenced motion to dismiss is denied without prejudice. It is further
ORDERED that jurisdiction is retained by the undersigned. It is further
ORDERED that, on or before August 2, 2024, the parties shall either submit stipulated decision documents or file a status report detailing the then-current status of this case.