25-003884 Transfer Extend.pdf
Makare A Aten, Petitioner Vs. City Of Detroit, Respondent · 25-003884-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Makare A Aten, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-003884 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER PLACING PETITIONER’S MOTION TO TRANSFER TO SMALL CLAIMS DIVISION IN ABEYANCE ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT On December 22, 2025, Petitioner filed a letter, evidence, documentation, and a Motion to Transfer to Small Claims Division in response to the Tribunal’s December 22, 2025 Order of Default. The Tribunal has considered the response and the case file and finds that Petitioner was held in default because they did not file a petition or submit a copy of the notice giving rise to the appeal.1 Although Petitioner timely responded to the Order of Default, their attempt to cure is incomplete because Petitioner did not submit a Small Claims petition or a copy of the notice giving rise to the appeal. A copy of a notice giving rise to the appeal, such as the March Board of Review (BOR) assessment decision, is a required prerequisite to commencing a Tribunal appeal.2 Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this order.3 As a result, Petitioner’s motion to transfer shall be placed in abeyance pending Petitioner’s response to this order. Therefore, IT IS ORDERED that Petitioner’s Motion to Transfer to Small Claims Division is PLACED IN ABEYANCE. IT IS FURTHER ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file a completed, signed Small Claims petition, (2) submit a copy of the 1 The order further stated, “Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See TTR 279(3). See also MCL 205.735a. 3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 25-003884 Page 2 of 2 notice giving rise to the appeal, such as the March BOR decision, (3) file a Motion to Set Aside Default, and (4) pay the $50.00 fee required for the filing of the motion. The foregoing must be filed with the Tribunal within 14 days of the entry of this order.4 Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.5 Entered: December 29, 2025 By _____________________________ bw/gc PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 4 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5). 5 See also MCL 205.732.