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24-002171.pdf

Mario Palazzolo, Petitioner Vs. Michigan Department Of Treasury, Respondent · 24-003647-TT

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Page 1

STATE OF MICHIGAN 

GRETCHEN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 

I. BROWN, 

WHITMER 

LANSING 

DPA 

GOVERNOR 

DIRECTOR 

Mario Palazzolo, 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

SMALL CLAIMS DIVISION 

v 

MTT Docket No. No. 24-002171 

Michigan Department of Treasury, 

Presiding Judge 

Respondent. 

Patricia L. Halm 

ORDER VACATING ORDER OF DISMISSAL 

ORDER REINSTATING CASE 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

The Tribunal finds that Petitioner was placed in default on May 31, 2024, because 

Petitioner did not file a petition and submit the required filing fee. On June 26, 2024, the 

Tribunal extended the time for Petitioner to cure the default by an additional 14 days 

and Petitioner failed to respond. Specifically, the Tribunal’s June 26, 2024 Order 

Extending Time for Petitioner 

to Cure Default required Petitioner to submit a petition 

form along with required petition filing fee, file a Motion to Set Aside Default, pay the 

required motion fee, and file proof the Motion to Set Aside Default was served on 

Respondent. 

After Petitioner failed to respond to either of the Tribunal's orders, an 

Order of Dismissal was issued on July 23, 2024. 

Petitioner, on July 5, 2024, filed a non-property tax petition form challenging 

Assessment No. VB45A3L and paid the required $100 filing fee. Although the Order of 

Default specifically directed that “the petition shall note the docket number assigned by 

the Tribunal,” Petitioner's failure to properly identify the docket number resulted in the 

filing being docketed as a new appeal and assigned MTT Docket No. 24-003647. 

Nevertheless, Petitioner's filing should have been considered an attempt to cure the 

default in the above-referenced case. 

Given Petitioner's attempt to cure the default, the 

Tribunal finds that good cause exists to reinstate the case. That said, Petitioner's 

attempt to cure only partially complied with the June 26, 2024 Order Extending Time for 

Petitioner to Cure Default. 

Having now filed a non-property tax petition form and 

appropriate filing fee, the Tribunal finds one final extension of time to cure the default is 

appropriate. However, 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 the Tribunal’s Orders.! Therefore, 

1 See Grimm v Dep't of Treasury, 291 Mich App 140 (2010).

Page 2

MTT Docket No. 24-002171 

Order, Page 2 of 2 

IT IS ORDERED that the Order of Dismissal is VACATED. 

IT IS FURTHER ORDERED that the case is REINSTATED. 

IT IS 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 Motion to Set Aside Default, (2) pay the $25.00 fee required for the 

filing of the motion, and (3) file a proof of service indicating that the motion was served 

on Respondent. The foregoing must be filed with the Tribunal within 14 days of entry of 

this Order.? 

Failure to comply with this Order may result in the dismissal of the case, as provided by 

TTR 231.3 

Entered: October 22, 2024 

By 

alice A lal 

smmy/jcr 

PROOF OF SERVICE 

1 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 

2 "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 219(5). 

3 See also MCL 205.732. 

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

Page 3

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Mario Palazzolo, 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

SMALL CLAIMS DIVISION 

v 

MTT Docket No. 24-003647 

Michigan Department of Treasury, 

Presiding Judge 

Respondent. 

Patricia L. Halm 

ORDER OF DISMISSAL 

The Tribunal has reviewed the file in this case and finds that this case involves the 

same issues as MTT Docket No. 24-002171. 

Given the Tribunal has no authority to 

consider multiple appeals concerning the same parties and the same claim,” the 

Tribunal finds that this case is duplicative and is not properly pending before the 

Tribunal. Therefore, 

IT 1S ORDERED that the case is DISMISSED. 

This Order resolves all pending claims in this matter and closes this case. 

APPEAL RIGHTS 

If you disagree with the final decision in this case, you may file a motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunals web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

1 See MCR 2.116(C)(6); MCR 2.116(1)(1). 

MICHIGAN TAX TRIBUNAL 

- 611 W. OTTAWA ST., LANSING, MI 48933 

- 517-335-0760 

PO BOX 30232, LANSING, M1 48309 

+ Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

Page 4

MTT Docket No. 24-003647 

Page 2of 2 

Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. 

If the 

claim is filed within 21 days of the entry of the final decision, itis an “appeal of right.” 

if 

the claim is filed more than 21 days after the entry of the final decision, 

it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

Entered: October 22, 2024 

By (Zilurig of Hadi. 

smm/jcr 

PROOF OF SERVICE 

| 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 provide by those parties, attorneys, or authorized 

representatives. 

By: Tribunal Clerk

Page 5

MTT 0260 (6/11) 

State of Michigan 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

Michigan Administrative Hearing System 

Tax Tribunal 

PO Box 30232 

Lansing, MI 48909 

ETE OE). 

TYNNGIYL XVL NYOIHDIW 

Mario Palazzolo 

37904 Lakeshore 

Harrison 

, Ml 48095 

til 

SECFEREELE

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