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psychological health required that she seek immediate resolution
of the innocent spouse and duress issues that she had raised.
When the cases were called for trial on June 6, 1994,
respondent filed a Motion for Sanctions against petitioner,
reporting on petitioner's failure to comply with the outstanding
Court orders. Ms. Barth's Motion for Severance was denied, and
the cases were set for trial June 13, 1994.
On June 13, 1994, the First Stipulation of Facts was filed.
Trial commenced with respect to the issues raised by Ms. Barth.
Witnesses who testified on June 13 and 14, 1994, included
petitioner, Lipton, and Timbie. On June 14, 1994, petitioner was
directed to answer the interrogatories by September 12, 1994.
The Court advised the parties that the trial would be resumed in
the spring of 1995, probably in New York City, which petitioner
had identified as his then current center of activity. The
parties were directed to file a joint written status report on or
before October 11, 1994, and petitioner's Motion for Continuance
was granted with respect to further trial at a time and date to
be set after the filing of the joint written status report.
On October 14, 1994, a status report was filed by Ms. Barth
and respondent. Respondent reported that petitioner had
responded to the interrogatories but that a further conference
was necessary to draft a second stipulation of facts and to
develop further the cases for trial.
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