Walter J. Burien, Jr.
Petitioner - Sui Juris
IN
THE SUPERIOR COURT OF THE STATE OF NEW
IN
AND FOR THE
In the matter of
John Burien )
) DOCKET No. FN-12-153-06
WALTER J. BURIEN, )
) MOTION FOR REINSTATEMENT
Petitioner - Plaintiff ) FN-12-153-06
WITH CAUSE, AND
)
and ) POST SUMMERY JUDGEMENT ) CORRECTION
NEW
YOUTH AND
FAMILY SERVICES ) AND
ORDER
)
Respondent. ) (Honorable JOSEPH L. REA)
)
Petitioner / Father, Sui-Juris hereby submits
the following MOTION for; REINSTATEMENT FN-12-153-06 with Post Summery Judgment
Correction by signed order of the court.
I. Factual Background.
The Division of Youth
and Family Services, herein after referred to as DYFS filed an ORDER TO SHOW
CAUSE (EMERGENCY) and there was an initial hearing held on
On
PETITIONER’S EXHIBIT
(B) as attached and
marked, is the Change of Address form as filed this day with the Middlesex
County Clerk of the Court case number FN-12-153-06 noting Petitioner’s correct current mailing address
corrected from the MCACI. Additionally Petitioner’s current local
PETITIONER’S EXHIBIT
(C) as attached and
marked, is a copy of the United States Postal CONFIRMATION OF DELIVERY for the USPS
CERTIFIED MAILS sent January 3rd 2006 from the MCACI to Toshia
Gresham, Charlotte Taylor, and the DYFS Administrative Review Officer and James
M. Davey: Commissioner,
bearing the US CERTIFIED MAIL numbers 70051820000041887056 and 70051820000041887230
as noted on Petitioners EXHIBIT (A), letter to DYFS dated Dec 30th
2005.
Petitioner, Walter J. Burien, Jr.
posted $50,000 bail via a friend from
Petitioner is still subject to
indigent circumstances as noted by Middlesex County Social services case number
CO 76038 under entitlement for food stamps and limited cash assistance and as
such requests a waiver by order of the court for any court costs that
may be associated with Petitioner’s Motion as presented to the court for
reinstatement and motion for ORDER(s) of the court.
Courts prior findings per action FN-12-153-06
Judge JOSEPH L. REA
made a finding that John Joseph Burien was injured based on the unsupported
statements made by the DYFS personnel Toshia Gresham. As noted in the letter to DYFS dated 12/30/05,
starting with the last paragraph page 4 through the first paragraph page 5, of
Petitioner’s EXHIBIT (A), Petitioner requested the DYFS personnel to provide
“ANY” competent medical disclosure that John Burien was injured on the 23rd
of November 2005 as would be documented within normal and mandated by well
established and in place DYFS policy and procedure “if” any injury had occurred
to a child. No medical evidence was presented at or to the court, and it
appears with no response from DYFS to my request as outlined within my letter
of 12/30/05 for them to provide such, if it existed at all, clearly shows that
my son John Joseph Burien WAS NOT INJURED as inferred by DYFS and as was noted
in the findings of the court to be in error. Being that DYFS has ignored my
request for disclosure as to providing validation that my son was injured as
would have been documented by medical and or hospital personnel on the 23rd
of November 2005; Petitioner requests that DYFS be required by ORDER of the
court to validate through official medical records their inferred injury to
John Joseph Burien on the 23rd of November 2005, and in the absence
of DYFS providing said validation from a medical doctor or hospital personnel
within five (5) days of being instructed by order of the court to do so, then
Petitioner requires correction of what appears to be at this point false
information and findings on the record of case number FN-12-153-06 that
John Burien had been physically injured by Walter J. Burien, Jr., the
father of John.
III.
The need for a signed Order of the court
The
Court’s decision regarding reinstatement of case number FN-12-153-06 and
granting of Petitioner’s requested ORDER(s) truly rests on fundamental
principles of well established laws as would pertain to basic disclosure;
discovery; and due process. Petitioner was denied the basics of law as noted
herein and is just now able to respond in his defense as well as in his son’s
and the peoples of
Wishes
of the parent:
Mr. Burien wishes to respond to
this action now that he is able to do so and of which for all intents and
purposes due to forced incarceration was incapable of doing so up until this
point. Mr. Burien has held over 5 years
custody of his son and wishes to maintain / re-attain custody of his son John
as soon as possible with visitation in place also with his daughter Gloria by
signed ORDER of the Arizona court, of which was acknowledged by the court at
the first hearing of November 29th 2005, FN-12-153-06, Arizona case
number DR2000-090543 had venue and jurisdiction over custody matters per the
children. For the reasons set forth herein; the interests of justice; and the
peoples of
1.
Reinstating
case FN-12-153-06 to active;
2.
Requiring DYFS to validate through official medical
records their inferred injury sustained by or to John Joseph Burien on the 23rd
of November 2005, and;
3.
Certified clear copies provided to Walter J.
Burien, Jr. sent by DYFS within five (5) days of this ORDER by certified mail
to his address of; Box 42, E. Brunswick, NJ 08816; for the purpose of
discovery; disclosure of any; reports; notes; communications; that were or are
in DYFS possession generated by any party relevant to FN-12-153-06 and the
taking or return of John Joseph Burien by DYFS; All copies sent from DYFS to Mr. Burien shall be
unaltered and without deletions.
4.
In the
absence of DYFS not providing said credible validation of injury sustained on
Nov 23rd 2005 to John Joseph Burien, validated through certified
copies of medical record from a Physician or hospital staff Doctor within five
(5) days of being instructed by order of the court to do so, then Petitioner
requires correction of the record striking from within the ORDER TO SHOW CAUSE
dated Nov 29 2005 on page 2 under B:1 ; “and injuries child sustained” signed
by Judge JOSEPH L. REA, and correcting
any other official findings or records of the court or government agency where
the same may have been noted, and notifying for correction any other party that
this was reported to.
Respectfully submitted,
Dated
this 23rd day of January 2006.
_____________________________________ Walter J. Burien, Jr. - Sui Juris
ORINAL of the foregoing HAND DELIVERED this
23rd
day of January, 2006, TO:
CLERK OF THE COURT AND COPY TO: 120 New St.
120 New St.
AND SENT USPS PRIORITY
CERTIFIED MAIL NUMBER: 7005
2570 0000 6978 6992-ON
Michael
Anthony Amatia
Deputy
Attorney General
Division
of Youth and Family Services
R.
J. Hughes Justice Complex
AND SENT USPS PRIORITY
CERTIFIED MAIL NUMBER: 7005
2570 0000 6978 7005-ON
James M. Davey C/O – Administrative Review Officer
DYFS
Metropolitan Regional Office
_____________________