GOWANAGUS
Re-Programming the Brooklyn Lyceum. - Fighting the due process MARU it must and prepping to hit the swamp running. - MORE
Cliff Notes Version -

Gowanagus.com: Managing the vote of Due Process Warriors who now come to the aid of the Brooklyn Lyceum.

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, this is the problem:

  1.  You can't use evidence you withheld from the court when seeking and obtaining a judgment to validate the judgment when that judgment is later challenged, especially when that evidence contradicts sworn attorney affidavit.
  2.  If the court does accept such late evidence outside the record, that is a nun pro tunc action, a changing of history to be what the court "feels" it should have been.  And, that the court in nun pro tunc'ing of the past court must ensure that the other side is not procedurally harmed by the nun pro tunc changing of the past.  In this case, changing the past makes the affidavit upon which the judgment is premised perjury, and the court can have no part in perjury.  Thus the court should have, a la a now common Science Fiction theme (see Star Trek Voyager : Year of Hell), reset the timeline to the point of the change in history and let the case play out again from that point, just as the same court did weeks before in Fed. Sav. & Loan Assn. of Charleston v Tezzi 2018 NY Slip Op 05826 Decided on August 22, 2018 Appellate Division, Second Department.  From that decision:
    1. """
    2. In granting this relief, however, the court must do so upon such terms as may be just, and only where a substantial right of a party is not prejudiced (see CPLR 2001; Discover Bank v Eschwege, 71 AD3d 1413, 1414). The court may not make such relief retroactive, to the prejudice of the defendant, by placing the defendant in default as of a date prior to the order (see Khan v Hernandez, 122 AD3d at 803; Discover Bank v Eschwege, 71 AD3d at 1414), "nor may a court give effect to a default judgment that, prior to the curing of the irregularity, was a nullity requiring vacatur" (Discover Bank v Eschwege, 71 AD3d at 1414 [internal quotation marks omitted]; see Bank of New York v Schwab, 97 AD2d 450). Rather, the defendant must be afforded an additional 30 days to appear and answer after service upon her of a copy of the decision and order (see CPLR 320[a]; Buist v Bromley Co., LLC, 151 AD3d at 683; Khan v Hernandez, 122 AD3d at 803; Pipinias v J. Sackaris & Sons, Inc., 116 AD3d at 750; Discover Bank v Eschwege, 71 AD3d at 1414).
    3. """
  3.  If the court does go outside the record and accept such late evidence, the court must ensure that the Plaintiff followed the due process procedural rules such evidence would have required.  In this case, not serving a non-appearing party is ok, not serving counsel for an appearing party is not ok, and is fatal to whatever was not noticed.

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?

what has gone before
a growing list - of past Brooklyn Lyceum events - MORE
Rando-Event - We will highlight a random Lyceum Event here that changes with each reload of the story page.  Many, many more to come.        


Putting Me Together - Wendy Richmond

what may come again
old events make a comeback - some favorites and some things a bit ahead of their time - MORE
SwampKing -

HEAR YE, HEAR YE

  • Whereas, the Brooklyn Lyceum (again) exists; and
  • Whereas, Saturdays are magical nights; and
  • Whereas, scribes weave magical short spells; and
  • Whereas, scribes need stage these shorts; and
  • Whereas, the Gowanus was once a swamp;
  • Let it be known, SWAMP-KING is Baaaaack!
  • A one-shot only chance to see new work by exciting playwrights. 
  • To such a noble end we need your works. Short works.
  • You, scribe, should submit your work (in written form).

Now, THE BOUNDARIES...

  • All works must be sent via ether messenger of email, messenger or carrier pigeon.
  • They must be one sixth of an hour or less, lest you be ignored.
  • They must be simply staged for we have a simple stage in a glorious relic.
  • Once selected, bring yon assemblage to the lower reach of the Slope in the county of Kings.
  • On the appointed Saturday, you will be afforded one hour of time to practice.
  • Later that evening your team will perform the rite before friend, foe and stranger.
  • If you are selected by vote of man and beast and management to be the best we will invite, nay demand your presence the following month to compete again.
  • You will do so until you lose or grow weary.
  • For your troubles you will receive a small stipend measured by the size of the house.

If Ye believe thy works worthy, incant them, bless them, and send them to aswampking@gmail.com.

  • This festival for the ages is also for performers of other sorts, music, comedy, dance, acrobatics, juggling, .. etc.
  • If ye seek to be on the SwampStage  by this alternate means by all means also send a communique to  aswampking@gmail.com.

Drama, comedy, musical or monologue. No limitations. Just the good stuff.

Pray ye be summoned to where the swamp meets, and sometimes invades, the slope. There you and your appointed crewe will perform your work for enjoyment and review.

Brookyln Lyceum Maru
Lyceum Maru - or, you only get the rights you fight for ... - MORE
Worse than Kobayashi Maru - OR Captain Kirk wold 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 in battle or lose a freighter (the Kobayashi Maru) in the Neutral Zone.

That was a situation no one could win. In Brooklyn Courts we have a worse situation, judges choosing who wins and putting their thumbs on the scale to "make it so" with different decisions for the same conceptual fact pattern.

The Brooklyn Lyceum, aka Public Bath #7 (designed by Raymond Francis Almirall), a community fixture for 20 years as a theater, cafe and sometimes gym/batting cage, needs your help.

The way is CLEAR and CERTAIN for the BROOKLYN LYCEUM, but can be shortened tremendously with a little help from some friends, be they ARTISTS, LOCALS, ARTS ORGANIZATIONS or PEOPLE / ORGANIZATIONS (Brooklyn or otherwise) who think the rule of law and due process are good things, things the NYS Supreme Court and the Appellate Courts must follow, and that the Appellate Court should not be in the business of suborning perjury or making up facts.

Quite simply, we had/have four slam dunk due process related appeals, waited forever to be heard, more than 2.5 years, and the Appellate Court actually lied at oral argument, failed to address jurisdictional arguments legally raised at oral argument, made up facts (19 > 26), altered our appeal brief, ignored dealing with an inconvenient fact (45> 30) and retroactively altered perjury away for the Plaintiff in order to avoid the lower court being "dunked on" while failing to prevent harm to another party by such altering away perjury (analogous to the hippocratic oath doctors take).

With a little help from some friends, we may be able to resurrect the rule of law and due process, if even for a little while.

Pay it forward: Read, review, sign and send affidavit.  Maybe an hour of your life.  Maybe two.

By doing so you get some say in future BROOKLYN LYCEUM programming, or, if that is not does not do it for you, we offer a few other options for your time.

More info below, but the process by which we seek your eyes, ears, higher order brain functions and body will be managed by jafomaru.com, which handles bringing attention to systems run awry, and voting by gowanagus.com, our programming arm.

>>>> Don't be scared, just :

  1. --learn simple rules about Jurisdiction in the next few tabs,
  2. --read about what went down,
  3. --watch a few snippets of oral argument videos wherein the court says what it later ignores.
  4. --watch/listen to parts of an oral argument where in jurisdiction is raised,
  5. --watch/listen to parts of an oral argument where the court asks the other side what it says to the jurisdictional arguments.
  6. --look at 5 pages (3 of substance, 2 of header/footer) of decision for failure to address arguments raised and
  7. --look at the timing of a few docket items
  8. --review and not timing of a few dispositive docket items. 

AFFIDAVITS: 

  • --SIGN and SEND an affidavit (we provide a boilerplate).
  • --That is one affidavit to sign and send.  That one and others, as they become relevant, are posted on JafoMaru.com.

APPEARANCES: On occasion, anyone who has done at least one affidavit can get more votes by appearing in court for a hearing or event as requested by us.

OUR WAYS OF THANKS: VOTES

  • --An accepted affidavit (needs to contain the things in the boilerplate or words to that effect, subject to our approval) gets you ten (10) votes.
  • --Every time we use the affidavit in court filings, you get an extra vote.
  • --Every time you appear at a hearing / event as requested you get twenty (20) votes.
  • --*** Former Lyceum Minions: If you setup for markets or crafted espresso drinks or ran the batting cage or booked jazz ... for the Brooklyn Lyceum, you get a vote for each month of service in the Lyceum Coal Mines of Art.  Those votes are in addition to at least one affidavit which vests all votes. Contact us at mailto:gowanagus@gmail.com with details of your service and we will figure out the allocated votes.

OUR WAY OF THANKS: NOT FOR PROFIT / CAUSE WORK:  If participating in Brooklyn Lyceum Programming is not your style, for whatever reason, we are crafting a list of places/causes to which the votes can be converted to work, after the Brooklyn Lyceum.

You get the votes when the Brooklyn Lyceum is successful and you can transition to the cause any time by donating the votes back to the BROOKLYN LYCEUM.

Examples to be expanded upon by suggestion and approval by the BROOKLYN LYCEUM:

  • OUR WAY OF THANKS: PLAYING IT FORWARD:  As soon as we are alerted to a judge who ignores the requisite rules, his recent case history should be reviewed and a scorecard kept.  That scorecard should be made available to the nominating organization and the general public significantly before election and in time to matter prior to nomination.

  • AD2 MARU : The same court that has us improperly blockaded. New York Supreme Court, Appellate Division, Second Department (AD2) has, for  the first time, oral arguments available online.  We seek to watch all oral arguments for a calendar year (2018), take notes and predict a decision based on the notes and video.  We then look at the decision (which comes out 2-4 months later) and see if the courts follow the science of procedure properly.  If not, we dig into the actual papers presented to the appellate court in a deep dive of sorts. 

  • FELINE INFECTIOUS PERITONITIS (FIP): The Brooklyn Lyceum lost an adopted feral kitten (EMMA) to this insidious, and as yet incurable, disease.  The vet who treated EMMA told us that it was an epidemic in Brooklyn for a variety of reasons.  While there is no known treatment, this would go to help research on FIP.

WHAT HAS GONE BEFORE: You can see our ever growing list of prior activities/performers in the story labelled : what has gone before (and you can get an extra vote if you can name a performance  event (either name a one day event or a multiple day event or run)).

WHAT MAY COME AGAIN: You can see some of what is up our programming sleeve : what may come again.

NEXT STEP: DO THE LYCEUM MARU: https://jafomaru.com/wip/10091

JAFOMaru
System Observers - sunlight is the best disinfectant - MORE
A little sunlight -

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.

LONG VERSION

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".

Brooklyn Lyceum Maru - Just Us?
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. - MORE
PREAMBLE -

Richard Pryor once had a bit about justice ...

"If you're {going downtown..}looking for justice, that's just what you'll find -- just us."

JUDGES

The rules that judges are required to follow aren't that hard, and, in New York, you need to be an attorney for 10 years before you can be elected a judge.

The decade of service rule is a simple one that ensures, by way of ten (10) years of legal experience, that you probably know what due process is and what discretionary is, but probably has a sinister alternate reasoning,  ..ten years is enough time to learn what to do when you don't have any preconceived opinion and how to do what you want to do when you have a preconceived opinion.

RULES

Those rules are defined by hundreds of years of caselaw (the "common law"), the United States and New York State Constitutions, the statutes that approximate the "common law", and decisions since the statutes that expand the statute to encompass, minimally, the "common law" it "replaced", save for places where the statute explicitly replaced, removed (such as the removal of common law marriage in New York  State), modified or even expanded the "common law" (such as motions to vacate).

But with regards to due process, that thing without which we are nothing, it is excruciatingly simple, NOTICE and OPPORTUNITY TO BE HEARD.

Anywhere Notice and Opportunity to be Heard are missing, the court never obtained the right to rule.

We have run into some stellar judges (Arthur Schack, Remy Smith), but most really beat up on the self represented by ignoring DUE PROCESS , and the beast that rears its head when due process is ignored/denied/violated, JURISDICTION, another spin on the court's right to rule.

ANY FOOL WITH A FUNCTIONAL BRAINSTEM CAN SEE:

That something is amiss.

Simple laws, simple facts, simple caselaw and different decisions for the self represented than those represented by counsel show how skewed the system is, unwatched by non-parties.

Thus, JAFO MARU

Seeking to compel the judicial system to do what the rules require, whether it is convenient or not.


Old Guard still standing ...

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Indie news of note ...

    NEW HAVEN INDEPENDENT
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    CITY LAB
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    PRO PUBLICA
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  • --One way to pay that big Baltimore water bill: Horseshoe casino winnings!
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Science feeds of note ...

    SPACE.COM
  • --Kylo Ren Force Grips His Way into 'Star Wars Resistance' Season 2 Trailer
  • --Space Photos: The Most Amazing Images This Week!
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    SLASHDOT
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    SCIENCE NEWS
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    REDDIT - SCIENCE
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  • --Scientists relieve bottleneck in photosynthesis, which may lead to increase in crop production, by p
  • --Stone tools are evidence of modern humans in Mongolia 45,000 years ago, 10,000 years earlier than pr

Evolution feeds of note ...

    CELL.COM
  • --IPBES Promotes Integration of Multiple Threats to Biodiversity
  • --Climate Change Is Breaking Earth’s Beat
  • --An Ecological Loop: Host Microbiomes across Multitrophic Interactions
    EVOLUTION INSTITUTE
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  • --The Human Social Organism and a Parliament of Genes
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    FRONTIERS IN
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  • --A Toggle-Switch and a Feed-Forward Loop Engage in the Control of the Drosophila Retinal Determinatio
  • --Phenotypic Plasticity, Developmental Instability, and Robustness: The Concepts and How They Are Conn
    NYTIMES:EVOLUTION
  • --Evolution Gave Us Heart Disease. We’re Not Stuck With It.
  • --A Battle Is Raging in the Tree of Life
  • --Frances Arnold Turns Microbes Into Living Factories

Espresso feeds of note ...

    I NEED COFFEE
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    REDDIT COFFEE
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    COFFEETOGRAPHER
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