-7-
On April 16, 1996, petitioner's motion for leave to file a
motion to vacate decision was filed and an accompanying motion to
vacate decision and memorandum in support was lodged. On May 6,
1996, respondent's response to petitioner's motion was filed.
On March 4, 1997, the Court issued an Order which noted in the
preamble that even if petitioner did not sign the stipulated
decision that alone would not be sufficient to require vacating the
decision; petitioner must show that a different decision might have
been entered if the earlier decision were vacated. The Order
provided petitioner an opportunity to show a meritorious claim
which was precluded by the alleged fraudulent act. In this regard,
the Order required:
That, on or before May 5, 1997, the parties shall
serve on each other and file with the Court detailed
offers of proof, setting forth those facts that the
parties would offer in evidence at a hearing on the
pending motions of Erna C. Scrimshaw, including a list of
all witnesses to be called at such hearing, identified by
name, address, and a brief description of anticipated
testimony of such witness, and attaching copies of all
documents to be offered in evidence at such hearing.
On May 8 and 9, 1997, the parties' offers of proof were filed.
On August 6, 1997, we held a hearing on petitioner's motion.
Discussion
The date of a decision of this Court is the date an order
specifying the amount of the deficiency is "entered" in the records
of the Court, which, in this case, was July 26, 1991. Sec.
7459(c). A decision of this Court becomes final upon expiration of
the time to file a notice of appeal if no notice of appeal is
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