[1]Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
WALTER J. BURIEN, JR., ] DOCKET
No. FN-12-153-06
]
vs. ]
] MOTION TO EXPIDITE A SIGNED
NJ Division of Youth and
Family ] ORDER OF THE COURT
Respondent. ] HONORABLE
JUDGE BARBARA C. STOLTE
___________________________
New Jersey
State ]
]
ss.
Middlesex county ]
Petitioner / Father, Sui-Juris
hereby submits the following MOTION TO EXPIDITE A SIGNED ORDER of the court.
1. The here and
now Plaintiff in the Administrative action FN-12-153-06 captioned above,
Walter J. Burien, Jr., has personal knowledge of, and is competent to testify
as to, each and every fact set forth.
2. NOTICE OF
SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF
THE ADMINISTRATIVE DEMAND was filed with the court on March 1st 2006
and SERVED by US Mail on the New Jersey Division of Youth and Family Services (DYFS); and also
through their council Deputy Attorney General Michael Anthony Amatia;
and they were NOTICED of their SILENT
AGREEMENT AND DEFAULT BY TACIT PROCURATION concerning their clear failure to
respond timely to the ADMINISTRATIVE DEMAND
FOR POST SUMMERY JUDGEMENT CORRECTION filed with the court on January 23rd
2006.
Whereby
this Petitioner requests the attached order be EXPIDITED for signing this day by
the court upon presentment and a true copy of this ORDER now signed by the
court then be sent US Mail to the Respondent New Jersey Division of Youth and Family
Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; and this Petitioner by the Clerk of the Court.
Respectfully submitted this
7th day of March 2006.
FURTHER AFFIANT SAITH NOT.
_____________________________________ Walter J. Burien, Jr. - Sui Juris
ORINAL of the foregoing HAND
DELIVERED this
7th day of March, 2006, TO:
MIDDLESEX COUNTY Superior
Court
CLERK OF THE COURT
120 New St.
New Brunswick, NJ 08903
AND COPY SENT US CERTIFIED
MAIL NO. 7005 2570 0000 6978 7012 on 03/07/06 TO:
Deputy Attorney General
Division of Youth and Family
Services
R. J. Hughes Justice Complex
25 Market Street, P. O. Box
112
Trenton, New Jersey 08625
AND COPY SENT US CERTIFIED
MAIL NO. 7005 2570 0000 6978 4943 on 03/07/06 TO:
DYFS Metropolitan Regional
Office
153 Halsey Street, 2nd floor
Newark, New Jersey 07101
_____________________
Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
IN THE
SUPERIOR COURT
COUNTY
OF MIDDLESEX, STATE OF NEW JERSEY
] FN-12-153-06
Plaintiff, ]
vs. ]
] ORDER
NJ Division of Youth and
Family ]
Services (DYFS) ] Honorable Judge Barbara C. Stolte
___________________________
This matter having
come before the Court through Plaintiff's MOTION FOR REINSTATEMENT FN-12-153-06
WITH CAUSE, AND POST SUMMERY JUDGEMENT CORRECTION
The Court having reviewed
and considered the Affidavit in support thereof NOTICE OF SILENT AGREEMENT AND
DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND and having heard the
Respondent's reply of silence and being fully advised in the premises;
IT IS HEREBY
ORDERED that the Plaintiff's MOTION FOR POST SUMMERY JUDGEMENT CORRECTION is
granted.
1. The New
Jersey Division of Youth and Family Services, hereinafter called DYFS, for the
purpose of discovery and disclosure requested by Walter J. Burien, Jr. shall
within ten (10) days of this ORDER send CERTIFIED copies of any and all; past
or present; reports; notes; communications; pictures; recordings; that any
party provided to DYFS or that was generated by DYFS relevant to FN-12-153-06
and the taking of John Joseph Burien DOB 07-08-99 by DYFS on 11/23/05 and
subsequent return of the child to Arizona on 12/14/05; All copies sent Mr.
Burien SHALL BE UNALTERED AND WITHOUT DELETIONS and sent US Certified mail to;
Walter Burien, P. O. Box 42, E. Brunswick, NJ 08816;
2. With
the absence of DYFS not providing credible validation of injury sustained on
Nov 23rd 2005 to John Joseph Burien – DOB 07-08-99, correction of the Court
record case FN-12-153-06 shall
be made striking from within the ORDER TO SHOW CAUSE case dated Nov 29 2005 on
page 2 under B:1 ; "and injuries child sustained" signed by Judge
JOSEPH L. REA, and correction SHALL BE MADE to any other official findings or
records of the court or any government agency where the same may have been
reported to, and shall be corrected by DYFS and the Clerk of the Middlesex County Court within ten (10) days of
this ORDER
3.
The Clerk of the Court
this day shall deliver a copy of this ORDER to the Respondent New Jersey Division of Youth
and Family Services (DYFS); their council Deputy Attorney General Michael
Anthony Amatia; and the Petitioner
Walter J. Burien, Jr. at their listed addresses on file with the court.
DONE IN OPEN COURT this ______day of March 2006.
_______________________________
Honorable Judge - Barbara C. Stolte