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request [for a continuance] the day of trial”, denying the fraud
allegations, and requesting a trial.4
Petitioner’s Failure To Appear
We decline to grant petitioner’s request for additional
trial proceedings in this case because, on the basis of a review
of the entire record, we are persuaded that he had no adequate
justification for failing to appear at the initial trial and,
further, that he has engaged in a deliberate effort to delay a
resolution of this case.
After receiving the notice setting this case for trial,
petitioner disregarded numerous attempts by respondent to discuss
stipulations and otherwise prepare the case for trial. Instead,
32 days before the scheduled trial date, petitioner sent a
letter, albeit to the wrong address, requesting a continuance.
On the basis of petitioner’s subsequent statements,5 we are
persuaded that petitioner timed the submission of his request as
late as possible without triggering the more stringent
requirements of Rule 133 for continuances that are sought within
4 Petitioner’s submission was filed by the Court as his
answering brief.
5 In his response mailed the day before his answering brief
was due, petitioner complained that his request for a continuance
had been denied notwithstanding that his request had been made
“30 days prior to trial”.
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