Opinion
10323-22
04-24-2023
WAYNE C. OLSON & SANDRA N. MILLER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Christian N. Weiler, Judge.
This case is calendared for trial on the Court's May 15, 2023, New York City, New York trial session. On March 17, 2023, respondent filed a Motion for an Order under Model Rule of Professional Conduct 4.2, requesting that the Court allow respondent to contact petitioners directly. On April 21, 2023, a conference call was held to discuss the status of the case, including respondent's pending Motion. During the call, petitioners informed the Court that their current attorney of record is unable to try this case due to personal health reasons and orally moved for a continuance.
Upon due consideration of the forgoing, it is
ORDERED that respondent's Motion for an Order under Model Rule of Professional Conduct 4.2, filed March 17, 2023, is denied without prejudice. It is further
ORDERED that petitioners' oral Motion for Continuance is granted and this case is stricken from the Court's May 15, 2023, New York City, New York trial session and is continued generally.