-- As we seek to provide programming
for when the Brooklyn Lyceum (or any interim proxy) returns,
we need to see a LOT
of music, theatre, dance, comedy, etc.
-- To that end, we are accepting invitations
to see such work
to investigate if that work (or that group)
would be a good fit for the Lyceum (or any interim proxy).
-- In addition, we are also open to invitations
to see work for an actual written review
(whether or not there is any intent to present at the Lyceum).
We will post the review online, send it to email and social media, where appropriate.
-- If that interests you or your group, pursue that at OOBLE.ORG
Judge Donald Scott Kurtz
Judge Reinaldo Rivera
The Plaintiff served a Notice of Motion on March 17, 2011 for all to appear a DECADE IN THE PAST, on April 18, 2001.
Review a two page Plaintiff:
NOTICE OF MOTION TO APPEAR A DECADE IN THE PAST.
Review a two page Proof of Service :
swearing notice of motion was served 10 years after hearing motion.
An Affidavit about these STUPIDs we hope you will sign:
Affidavit swears you saw a notice dated April 17, 2011 to appear on April 18, 2001, and, that you saw that service was sworn to have been done a decade after the noticed hearing..
The inescapable result of the Judge Donald Scott Kurtz failure to do basic date checks reviewing the facially and jurisdictionally bad NOTICE OF MOTION and
proof of jurisdictionally tardy service of the NOTICE OF MOTION is that the sale of the Brooklyn Lyceum is void, right from the start, or ab initio.
Note: the date of the Notice of Motion, from the second page (March 17, 2011) or the vertical date-time stamp on 1st page (2011 MAR 17 AM 11:24) and the handwritten
MOTION SUPPORT date on the lower part of the first page (3-17-11).
Note: the date all were noticed to appear (lines 4-6 of page #1) : "the undersigned will move this court .... on the 18th day of April, 2001 at 9:30 a.m. ...".
SMOKING GUN: NOTICE TO APPEAR A DECADE IN THE PAST
PROOF OF SERVICE A DECADE AFTER NOTICED HEARING
Any 5th Grade fool could see Affidavit
In order to rule against the Brooklyn Lyceum, Judge Reinaldo Rivera found that the Lyceum must lose
because a cross-motion to have the case declared abandoned by Plaintiff inaction came after the entry of the Judgment of Foreclosure and Sale.
The DECISION IS STUPID because it is makes a case the court was REQUIRED, by statute, to dismiss as abandoned by Plaintiff inaction
can become unabandoned by further Plaintiff action combined with the Court's failure to follow the statute.
The DECISION IS FLAT OUT WRONG on the simple, 5th grader math comparison of two dates.
The Cross-Motion (October 19, 2012) came BEFORE, not AFTER the entry of the Judgment of Foreclosure and Sale (October 26, 2012).
Review a line in a short Appellate Decision(Page 3 last Para, lines 2-3#):
"The cross motion was untimely since it was made after entry of the judgment of foreclosure and sale "
Review Motion Clerk date on the Cross-Motion (October 19, 2012) :
Motion Support hand-written date: 10/19/12 AND adjacent datetime stamp of October 22, 2012
Review Date-Time stamp on the Judgment of Foreclosure and Sale (October 26, 2012).
Last Page DateTime Stamp: October 26, 2012
An Affidavit about these STUPIDs we hope you will sign:
Affidavit you saw that the datetime stamp of the Cross-Motion was BEFORE, not AFTER, the Judgment of Foreclosure.
IMPOSSIBLE MATH FINDING: 19>26!
CLERK ACCEPTED CROSS-MOTION ON OCTOBER 19, 2012
JUDGMENT OF FORECLOSURE ENTERED OCTOBER 26, 2012.
Any 5th Grade fool could see (19<26) Affidavit
--Read up on the judicial shenanigans, become one with the simple logics.
--Fill out one or more of the affidavits.
--Take to a notary and sign the affidavit before the notary.
--Send the Affidavits to:
2107 Regent Place
Brooklyn, NY 11226
Once we have unwound the sale of the Lyceum, we will redeem each affidavit accepted (passing review for content and form) by :
--10 votes for each accepted affidavit,
--one vote each time the affidavit is used in a court proceeding,
--20 votes for any appearance at a hearing, and
--5 votes per hour of distributing fliers/cards to spread the word.
You can use the votes to :
--chime in on programming Brooklyn Lyceum cultural events, or
--you can proxy them to some other person/entity for a period of time, or
--you can transfer them permanently to some other person/entity, or
--you can, when you no longer wish to have votes, trade them in for Lyceum staff time for one of a list of causes.
Re-Programming the Brooklyn Lyceum. Fighting the due process MARU it must and prepping to hit the swamp running.
Gowanagus.com: Managing the vote of Due Process Warriors who now come to the aid of the Brooklyn Lyceum.
Earn votes at https://brooklynlyceum.com/wip/10078
The Brooklyn Lyceum has had its due process rights savaged in court and is fighting the fight to its inevitable conclusion, the restoration of those due process rights, come what may no matter the cost, as we all should.
In short and simple terms, these are the inescapable problems:
FIRST MOTION IN CASE
GRAB BAG OF JURISDICTIONAL GOODIES
SUMMARY: If you got this far, you can see a potent legal storm a brewing and you might be a Due Process Warrior.
ROCKIN THE DUE PROCESS VOTE: The Brooklyn Lyceum is well aware that art spaces are hard to come by and harder to keep in operation, and that no man is an island. To that end, the Lyceum has always worked with others to program the Lyceum. It is no different now, for the Lyceum has hundreds of groups/individuals that have performed or taught or rented or held court at the Lyceum and thousands of performers that have performed at the Lyceum as probably the best pool of community arts knowledge in the entire country.
Since full-time programming was never the Lyceum founder's goal, what better way is there to thank/honor those Due Process Warriors who now come to the aid of the Lyceum as well as those who have already crossed the Lyceum Cultural Threshold and become Due Process Warriors, than to invite them to participate in determining the cultural future of the Lyceum?
altering the timeline has unexpected effects or, you only get the rights you fight for ...
Captain Kirk would have a tough time with Brooklyn Courts
Star Trek's Captain Kirk re-programmed a Star Fleet Academy simulation that was designed to have the Star Fleet candidate either lose his ship, himself and all his crew in battle or lose a freighter (the Kobayashi Maru) in the Neutral Zone.
That was a situation no one could win, a Catch-22. In Brooklyn Courts we have a worse situation, judges re-programming (altering) the docket to avoid what the record and the abandonment statute, CPLR 3215(c) required, dismissal of the case as abandoned.
The Brooklyn Lyceum, aka Public Bath #7 (by Raymond Francis Almirall), a community fixture for 20 years as a theater / cafe / gym / batting cage, needs your help, a couple of affidavits, and, if it works with your schedule, an appearance here and there to let the courts know someone is watching.
The courts (lower and appellate), in an ill advised attempt to short circuit due process for the Brooklyn Lyceum (made up multiple dispositive facts, selectively quoted caselaw, altered the docket for the benefit of the Plaintiff, ignored attorney perjury, ...), created a winnable battle for the Brooklyn Lyceum in that, under the altered record:
HERE IS HOW YOU CAN HELP:
THE PAYOFF: Convert your affidavits and our use of your affidavits or your appearance at some hearings or your contributions into curatorial voting rights when the Brooklyn Lyceum rises from the ashes. Help program a venue that has seen the likes of Fiona Apple, Amanda Palmer, Vernon Reid, Yo La Tengo,
Marc Ribot, Jose Gonzalez, and scores of others.
into court for lyceum due process tell us if you get it
Quite plainly, any judge, after 20 years of being one, who does work this sloppy OR puts his thumb on scale for developers like this OR hides behind unnecessary formalities when the jurisdictional issues are raised by Defendants in a sworn statement and at oral argument and admitted in a sworn statement and not contested at oral argument by Plaintiff should not be elected, let alone re-elected, especially if the court refused to provide a court reporter for that hearing. To wit, Judge Donald Scott Kurtz, up for re-election November 5, 2019.
This from a judge who said, in 2009:
“When a case is before me, I try to give it my full attention,” Justice Kurtz said.
“Some judges would have just read the papers and signed them,” Kurtz said.
Decision (Judge Donald Scott Kurtz):
Years later Plaintiff admits in affirmation (attorney affidavit) in support of a Plaintiff Cross-Motion:
Years later Judge (Donald Scott Kurtz, up for re-election November 5, 2019):
This cacophony of jurisdictional errors cannot stand if due process has any meaning whatsoever.
Thus, "Once More Unto the Breach" we go for due process.
System Observers sunlight is the best disinfectant
is both dangerous and useful ...
TL/DR:James Bryce : 1888 : The American Commonwealth
The conscience and common sense of the nation as a whole keep down the evils which have crept into the working of the Constitution, and may in time extinguish them.
Public opinion is a sort of atmosphere, fresh, keen, and full of sunlight, like that of the American cities, and this sunlight kills many of those noxious germs which are hatched where politicians congregate. That which, varying a once famous phrase, we may call the genius of universal publicity, has some disagreeable results, but the wholesome ones are greater and more numerous. Selfishness, injustice, cruelty, tricks, and jobs of all sorts shun the light; to expose them is to defeat them. No serious evils, no rankling sore in the body politic, can remain long concealed, and when disclosed, it is half destroyed.
Maru stands for circle or ship in Japanese.
Maru is also a recurring part of Star Trek, whereby Captain Kirk reprograms a simulator (system) that has been designed to not allow success.
The system is called the Kobayashi Maru : https://en.wikipedia.org/wiki/Kobayashi_Maru
KOBAYASHI MARU : "The test's name is occasionally used among Star Trek fans or those familiar with the series to describe a no-win scenario, a test of one's character or a solution that involves redefining the problem and managing an insurmountable scenario gracefully."
We think a system that covers up judicial violations of due process and false statements by judges counts as "a test of one's character" and "a no-win scenario" or an "insurmountable scenario" to be managed by the public at large.
We are not finished till sunlight kills the "noxious germs".
cultural town hall seeks due process programming warriors facts, law and caselaw are unequivocally on the side of the Brooklyn Lyceum, the courts, not so much.