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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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