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2404 Sourwood Drive
Phoenix, NY 13135
September 19, 1997

The Honorable John F. Lawton
Justice, Appellate Division
Onondaga County Courthouse
401 Montgomery Street
Syracuse, NY 13202

Dear Judge Lawton:

The attached package is an order to protect me from being evicted from my home while my appeal is in progress. As I have reviewed Appellate procedures I have sometimes found actions taken by the Courts "in the interest of Justice." I am not sure if that applies to what has happened here, but I hope the Court will take some type of action.

Please understand I bear no ill or disrespect toward either Judge Bone or the Justices of the Appellate Division in this decision. This may be just "the way it is", as I have been told by so many friends and lawyers. I do not fault you for the fair execution of your duties - I also ask that I not be "hammered" by the Court as I fulfill my duty to my country, my self, and most off all, my son.

If the Court, in execution of its duty, finds the Order in compliance with legal precedence, the CPLR, the laws and Constitution of the State of New York, and the laws and Constitution of the United States - then I am also called by "duty" to peacefully resist the order and go to jail.

For if "the way it is" means a parent can be sued by their spouse, denied fair counsel, denied a jury of their peers, denied a fair trial, and then be stripped of their relationship with their children, along with their home (all while an appeal is pending) - then I do not understand our system of family justice and perhaps I belong in jail.

This is not a decision I take lightly, and the impact will be devastating to me financially and personally. Most of all it will interfere with my relationship with Domenic (guess he won't be coming to jail to see daddy). It is my warmest hope this entire matter will end with Domenic having a full relationship with BOTH parents, and that he will also be able to enjoy the neighborhood friends and school where our present home is located.

Respectfully yours,

John Murtari

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