26-000202.pdf
Ivan Rudnyk, Petitioner V Michigan Department Of Treasury, Respondent · 26-000202-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 Ivan Rudnyk, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-000202 Michigan Department of Treasury, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL On March 5, 2026, Petitioner filed a copy of the Principal Residence Exemption Denial Notice in response to the Tribunal’s March 3, 2026 Order of Default. The Tribunal has considered the response and the case file and finds that Petitioner was held in default because they failed to file 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 the Principal Residence Exemption Denial Notice submitted by Petitioner is not a final decision. See MCL 211.7cc(8) and (13) and MCL 205.21(2)(f) and (g). As such, Petitioner’s appeal is premature and the Tribunal has no authority to hear the appeal or grant the relief requested. See MCL 205.731 and Sixarp, LLC v Byron Twp, __Mich__; __NW3d__ (2025). If a final decision (i.e., Decision and Order of Determination or Denial of Request for Informal Conference) was issued and inadvertently omitted, Petitioner may file a Motion for Reconsideration including a copy of the final decision per the appeal rights below. Therefore, IT IS ORDERED that this 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 Tribunal’s web-based e-filing 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).”
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MTT Docket No. 26-000202 Page 2 of 2 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. 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, it is 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: March 20, 2026 By _____________________________ kac 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