- 5 - his recent hospitalization. The Court ordered petitioner to file a written motion for continuance, supported by a doctor’s statement, by the end of the business day on March 8, 2005. Petitioner did not file a written motion at that time, nor did he attend the March 14, 2005, trial session. At trial, respondent moved to dismiss for lack of prosecution, and the Court granted the motion. In a letter to the Court dated March 10, 2005, petitioner requested a continuance. Petitioner’s March 10, 2005, letter was filed on March 14, 2005, as petitioner’s motion for continuance. On March 29, 2005, petitioner supplemented his motion for a continuance with a letter from his doctor stating that petitioner was disabled and bedridden. By order dated April 5, 2005, the Court vacated its oral direction on the record granting respondent’s motion to dismiss, denied the motion to dismiss, and granted petitioner’s motion for a continuance. The April 5, 2005, order specifically warned petitioner that “No further continuances will be granted, barring unusual circumstances” and scheduled the case for trial during the Court’s New York, New York, trial session beginning on June 13, 2005. By letter dated May 12, 2005, respondent scheduled a conference with petitioner for May 26, 2005, to discuss the preparation of a stipulation of facts in anticipation of the June 13, 2005, trial. In the letter, respondent stressed thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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