- 4 - The petition was mailed to the Court from New York, New York.3 The parties agree that the ordinary delivery time for a properly addressed envelope sent from New York, New York, to Washington, D.C., is 3 days. Respondent bases her motion to dismiss on the ground that petitioner failed to file his petition within the time prescribed in section 6213(a) or section 7502. Petitioner filed an Objection to respondent's motion asserting that he timely mailed the petition and that, in his experience, the mailing time for large envelopes or "flats" between New York, New York, and Washington, D.C., is often as long as 2 weeks. Hearings were conducted in this case on June 28, July 19, and August 16, 1995. Although petitioner was unable to attend the first two hearings, he did appear at the third hearing on August 16, 1995, and presented testimony, as well as oral argument and a written statement pursuant to Rule 50(c) in opposition to respondent's motion to dismiss. Counsel for respondent appeared at the hearings and presented argument in support of the pending motion. 3 Petitioner resided in Norwalk, Conn., at the time the petition was filed.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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