Objection to Dismissal Order
FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ------------------------------------- IN THE MATTER OF A PETITION FOR SUPPORT
OBJECTIONS TO ORDER OF HEARING EXAMINER
Docket No.F-540-98 John Murtari, Petitioner
-- against --
Adrianne Phillipson, Respondent
Notice: Rebuttal to this object must be made within thirteen (13) days of its receipt by filing such rebuttal with this court along with proof of service upon Objector.
1. I received the order of dismissal on May 15th. I am writing to object to the issuance of the order and asking that the temporary order be restored and the matter be allowed to proceed.
2. Regarding my failure to appear in Court on May 4th, 2000. On March 29th I appeared in front of Judge Klim regarding a Violation Petition which had been filed by Ms. Walsh. I had also earlier filed a Petition for Modification which had been signed by Hearing Examiner Davies (the temporary order included a provision to restore my license until further order of the Court).
3. Judge Klim assigned Mr. Bartholemae as my counsel. I told the Judge about the modification petition pending and he told me to talk to Mr. Bartholomae about it.
4. I spoke to Mr. Bartholomae about the May 4th appearance and he said he would be present (several weeks earlier I had made hotel/plane reservations to California to see my son Domenic which were also for that date). I also wrote him regarding the appearance and also called his office a few days before as another reminder. I had no communications from him.
5. I have called and written him since receiving the Order and did not receive a reply until he called me last week after Memorial Day. In that conversation he told me that during our appearance on the 29th he had told me he could not represent me regarding my petition for modification and that I would have to either proceed alone or find other counsel.
6. Very clearly, I have no recollection of him making such a statement at any time. I have been quite concerned regarding my support obligation and wanted to get matters resolved. I know it is important to appear on Court dates. If I had known he would not be there I would have at least written the Court and opposing counsel to let them know of the conflict in dates and try to reschedule.
7. The recent order also mentions "no cause of action". My details are part of the original petition. Since the original trial my son was relocated to California (which caused a large increase in my travel expenses) and there have also been substantial changes to my income.
8. I am not sure if there are other facts which would also support my petition and would like to have this reviewed by an attorney. I have no desire to represent myself in this matter. I would hope to qualify for assigned counsel. I would ask the matter be reinstated and another appearance date be set as soon as possible.
9. I have a "family attorney" who is aware of my situation and who was kind enough to volunteer his services. But I would prefer not to add that financial burden to him unless there is no alternative.
10. Right now I live in the town of Lyons with my mother. She is 83 years old and does not own a car or drive. I have no brothers or sisters. When I can I work in Baldwinsville (there is no bus service). I am concerned about the status of my driver's license. The potential to lose driving "privileges" makes it simply impossible for me to fulfill my most basic family obligations.