2404 Sourwood Drive

                                                                                                Phoenix, NY  13135

                                                                                                March 5, 1996

Murtari v. Murtari

Index No: 95M705

RJI No: 33-95-3267
 
The Honorable Charles T. Major

Supreme Court Justice

Onondaga County Courthouse, Room 401

401 Montgomery Street

Syracuse, NY  13202

 

Dear Judge Major:

 

I am in receipt of a Note Of Issue filed by Ms. Walsh on the 20th of February.  Within the week I will be filing a Motion to Vacate the Note of  Issue on the basis of incomplete discovery.

 

I am writing this letter in response to the way this was handled by opposing counsel.  Ms. Walsh is well aware that discovery is not complete on my part.  I have outlined my discovery plans to Ms. Walsh in several letters and these seem to have been ignored.  I had actually spoken to Ms. Walsh about the progress of discovery on the day she mailed me the Note of Issue.  She told me she was responding to some discovery requests I had made and that I should expect them in the mail, no mention or inquiry about being ready for trial, or I plan on filing a Note of Issue. 

 

The Note of Issue arrived as an attachment to an incomplete response to my interrogatories.  I must assume Ms. Walsh thought she could “slip” the Notice by me, as a “pro se” defendant, and not only force an early trial, but also cost me my opportunity to demand a jury.

 

Your honor, when you read the Motion Papers I think you will find ample documentation for my position, and I hope you will reprimand this type of conduct.  This is not a trial about a vending machine contract, or a leaky basement -- the future of our Son is a stake here and he deserves a  fair and thoughtful hearing of the evidence.  I do not know what the standard of conduct is for lawyers regarding this, but as a layman I find it an attempt to game the system and morally repugnant -- especially when a child is concerned.

 

I do not know how she completed the Certificate of Readiness in good faith.   Judge Major, I know her discovery is complete because she has brought a basically groundless complaint and will not have any real evidence to support it. Conduct of this type will only serve to prolong this entire proceeding.

My phone: 315-695-4422.

                                                                                                Respectfully yours,

CC:  Ms.  Maureen Walsh, Esq.     

CC:  Mr. Joseph Lupia, Esq.

 

 

                       

                                                                                                John Murtari