P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
IN THE SUPERIOR COURT OF THE STATE OF NEW JERSEY
IN AND FOR THE COUNTY OF MIDDLESEX
WALTER J. BURIEN, JR., ] DOCKET No. FN-12-153-06
]
Plaintiff, ] ORDER OF THE COURT
vs. ] TO BE SIGNED 04/07/06
] MOTION TO EXPIDITE
NJ Division of Youth and Family ]
Services (DYFS) ]
Respondent. ] HONORABLE JUDGE Joseph L. Rea
___________________________
Petitioner / Father, Sui-Juris hereby submits the following MOTION TO EXPIDITE A SIGNED ORDER of the court.
1. Walter J. Burien, Jr., Petitioner was present at 8:30 AM, Room 202, Middlesex County Court to proceed with hearing for his requested order to be signed by the court. As of the filing of this motion, Michael Anthony Amatia representing DYFS has not been present and again is in clear default. Even if Mr. Amatia did or does appear for this hearing from prior default to Petitioner, he and the agency he represents DYFS were given NOTICE OF SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND 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 to the ADMINISTRATIVE DEMAND FOR POST SUMMERY JUDGEMENT CORRECTION filed with the court on January 23rd 2006.
Again, this 7th day of April 2006, my good faith efforts have gone unanswered. Since Respondent has not substantiated their presentments and actions, they have demonstrated the lack of ability to defend or challenge and have by their silence now for over three months; agreed and admitted to the law, facts and demands the Plaintiff has placed in and presented to the legislative created tribunal and the Respondent.
The Respondent has invalidated any possible defense by their silence and NO FURTHER ACTION may be taken by the Respondent to contest the actions of the tribunal or the Plaintiff.
Petitioner, Walter J. Burien, Jr. an Arizona resident who is waiting to return to Arizona upon resolution of this and other matters before the Middlesex County Court requires the discovery outlined in his prior motions as is restated in the attached order, requires this discovery and correction, now delayed for three months, and that is essential and critical to Petitioner as the defendant in a criminal matter that is pending before Judge Nieves FILE No. 05002797; Any further delay may cause irreparable harm to Petitioner’s cause, livelihood, and his three children back in Arizona.
Whereby this Petitioner requests the attached order be EXPIDITED for signing this day 7th day of April 2006 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 April 2006.
FURTHER AFFIANT SAITH NOT.
_____________________________________
Walter J. Burien, Jr. - Sui Juris
ORINAL of the foregoing HAND DELIVERED this
7th day of April, 2006, TO:
MIDDLESEX COUNTY Superior Court
CLERK OF THE COURT
120 New St.
New Brunswick, NJ 08903
AND COPY HAND DELIVERED TO:
Michael Anthony Amatia
Deputy Attorney General
Division of Youth and Family Services
120 New St. Fourth Floor
New Brunswick, NJ 08903 RECEIVED FOR Michael Anthony Amatia 04/07/06
_____________________
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
Walter J. Burien, Jr., ]
] FN-12-153-06
Plaintiff, ]
vs. ]
] ORDER
NJ Division of Youth and Family ]
Services (DYFS) ] Honorable Judge JOSEPH L. REA
Respondent. ]
___________________________
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 7th day of April 2006.
_______________________________
Honorable Judge - JOSEPH L. REA