Opinion
832-21S
07-15-2022
CATHLEEN HELEN MCGUIRE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Eunkyong Choi Special Trial Judge
This case was calendared for trial at the Court's New York City, New York trial session, which was scheduled to begin June 13, 2022. On June 13, 2022, this case was called. At that time respondent made an Oral Motion for Continuance explaining that petitioner had contacted them saying their son was in the hospital and were not able to appear. Respondent did not object to the continuance. On June 14, 2022, the Court served an Order granting respondent's Oral Motion and continuing the case and ordering that, on or before July 13, 2022, 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. On July 12, 2022, respondent filed a Status report informing the Court that as of the date of the filing of this status report, respondent has been unable to establish contact with petitioner. If petitioner continues to be unresponsive, respondent anticipates filing a Motion to Dismiss for Lack of Prosecution in the near future.
Upon due consideration, it is hereby
ORDERED that, on or before August 15, 2022, If petitioner continues to be unresponsive, then respondent shall submit to the Court either a Motion to Dismiss for Lack of Prosecution or a stipulated decision or file a joint report (or separate reports, if preferred) regarding the then-present status of this case.