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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 the
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