2404 Sourwood Drive

Phoenix, NY 13135

March 23, 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:

Attached you will find an additional Affidavit in answer to the CROSS-MOTION made by Ms. Walsh in this matter. I have also included an exhibit that was inadvertently not included in previous papers.

Your honor -- I know I have submitted a “stack” of papers for you to consider and I just want to highlight several items for your close review:

· Discovery is not complete - Plaintiff has been able to complete discovery quickly because the suit has no real evidence to support it. The inability of both the Law Guardian and Court Appointed Psychologist to conduct even a minimal amount of verification with professionals I have recommended -- has now complicated this entire matter beyond reason.

· I am willing to settle this matter - If Plaintiff would agree to a negotiated separation in which we are both assigned full joint custodial care of Domenic -- I am sure we could get out of your hair and rapidly reach closure on an equitable distribution of our property.

· Both Domenic and I are being harmed by enforced separation - We have been apart for almost six months now. Plaintiff has failed to show a valid prima facia proof of why we both can’t share fully in the growth of our son. Indeed, here demonstrated behavior is to minimize my contact with our son. I am missing my son’s childhood!

· Plaintiff’s admitted conduct is reprehensible - During EBT she admitted to behavior consistent with Tax Fraud and Adultery.

Please, I ask for the Court’s relief and the restoral of a fair relationship with my son.

My phone: 695-4422.

Respectfully yours,

CC: Ms. Maureen Walsh, Esq.

CC: Mr. Joseph Lupia, Esq.

John Murtari

Item	Defendant	Plaintiff
Good Moral Upbringing	Takes Domenic to church on weekends. Can demonstrate to Domenic concern for others via charity work he has done for the past 10 years.	Admitted behavior consistent with Adultery. Admitted tax fraud. (Defendants Affidavit, 11 March, Exhibit Q)
Extended Family	My mother and Domenic have an excellent relationship. She provides a female presence in the home. I have a large extended in the area. A chance for Domenic to experience family events, life long friendships.	All family lives in Japan. It will be a long distance relationship. (Defendants Affidavit, 11 March, Exhibit Q)
Parental Stability	I have a large depth of experience in my field. The present business (operated from our home) provides an excellent environment for quality family time. Before marriage I lived alone and had my own home(s) for about 7 years.	Adrianne is still finding her “niche” in life as a professional. She has never lived alone. (Defendants Affidavit, 11 March, Exhibit Q)
Guidance for our Son	I am familiar, through first had experience, with American schools, afterschool clubs, and sports.	Adrianne, who was born and raised in Japan, will have to overcome some hurdles in adapting to these environments. (Defendants Affidavit, 11 March, Exhibit Q)
Desire/Ability to be a Good Parent	I had a good family and I wish to be present as a father to our son. I have worked very hard to create a home business that would maximize the amount of time I was present. From August of 1994 -- I have been home as much (and potentially more) than Plaintiff. I accepted Plaintiff’s adulterous conduct to keep peace in the home and try to maintain a family (not perfect) environment for our son.	Adrianne did not want to have a child. After Domenic was born, at 8 months, she sought to start her own business, outside the home. Spent numerous evenings away from home. (Defendants Affidavit, 11 March, Exhibit Q) Plaintiff has the financial resources to help with Home finances. Has demonstrated no concern that Domenic will lose the only real home he has known.

Neighborhood/School	We live in an excellent subdivision. Many children around Domenic’s age. The Phoenix School district is well respected and there is also private schooling available. Domenic will be able to form friendships that last him through school. Large wooded lots, just a wonderful opportunity to enjoy the outdoors and play games.	Presently in an apartment in the City of Syracuse.
Community Involvement	I have been active in local politics, a father’s group, and have a good relationship with the neighbors. Domenic will be able to see that actions speak louder than just words.	Unknown.
Financial Stability	I have never been bankrupt -- have an excellent credit rating, and know how to work hard. The business has a proven record of growth.	Adrianne does have larger financial resources available.