a once and future theater
(if due process has any meaning whatsoever)
help us plot a Lyceum future!
We are due for Due Process!
ABOUT
PROGRAM
OOBLE
THESMEE
SWASLU
-
to do what Judge Donald Scott Kurtz was required by law to do:
(dismiss case as abandoned, based on record before the court at the time), or, - to do what the court must now do:
(unwind the Foreclosure Sale of the Brooklyn Lyceum as well as the Judgment of Foreclosure and Sale that allowed it for, at a minimum, failure to serve any papers on Lyceum attorney)
given what Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix and Valerie Brathwaite Nelson did do
(find October 17, 2012 came AFTER October 26, 2012 & alter the docket to insert appearance by Lyceum attorney in order to avoid dismissal as abandoned)
so that we can implement that programming when we get rolling, whether at the actual Brooklyn Lyceum or an interim one.
--YOU CAN ... participate in programming the Lyceum
score curatorial votes by brain, body or past effort.
-
Simple things to do to help the Lyceum due process cause:
- --Take poll and tell us what you think of a couple of judges and their simple to interpret actions.
- --Note presence of a document Plaintiff withheld from the court for 3 years.*
- --Note sworn statement by Plaintiff counsel about that document.*
- --Note lack of a particular document from the early (and short) record of the case.*
- --Note date of notice of a motion.
- --Note date that notice instructs all to appear.
- --Note datetime stamp of a document entry (motion)(A).
- --Note datetime stamp of a document entry (decision)(B)..
- --Note A comes BEFORE B.
- --Note Appellate decision that finds A comes AFTER B.
- --Make appearance at hearing (watched court more likely to follow the rules).
- --Contribute a case citation to the cause (if you have legal mojo in ya bones).
- --Buy swag for future curatorial voting rights.
- --Contribute $$ to the cause for future curatorial voting rights. *= and sign affidavit about what a 5th grader should see.
Individual affidavits about any of the above gets you __ votes.
More complicated ones get you __ votes.
--Between now and the time the LYCEUM DUE PROCESS TRAIN gets into the station, we are seeking people to help raise awareness.
--Those who help raise awareness can get curatorial votes they can exercise to influence progaramming at the Brooklyn Lyceum or at any interim proxy location.
--You get votes by reviewing a few lines/dates in a few documents and sending us affidavits stating what you see (no conclusions of law necessary).
--You also get votes by appearing at crucial moments/hearings or by distributing fliers.
--Those votes can be exercised, proxied, transferred ore returned (back to the Lyceum in exchange for Lyceum staff hours for a cause on an expanding list of causes).
--If that is too much work, just cast a few votes about what you think about some simple STUPIDS a few judges have accomplished.
-- 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.
Apply HERE.
-- If that interests you or your group, pursue that at OOBLE.ORG
(or any interim proxy)
-- Wherever the Lyceum or any interim proxy goes,
art is sure to be part of the mix.
-- As we seek to exhibit art
at the Brooklyn Lyceum (or any interim proxy),
we need to seek submissions for the exhibits.
-- To that end, we are accepting submission appications now.
- One such exhibit may be in :
- an approximately 1,000 square foot venue
with 25 foot ceilings in New York State. - (location secret till we sign lease)
- We Expect:
- two group exhibitions of 6 weeks each; and,
- one 4 week solo exhibition
Apply HERE.
more flavor, less labor.
from our espresso cellar!
-- 15 years of a Brooklyn coffee shop/cafe and the aftermath of Hurricane Sandy taught us that there is another, better, more ecological, way.
-- When the espresso dusts dust settles, the new boss will be different from the old boss.
--Till then we are pulling espress shots the SwaSlu way, on the road again!
--We make it a point not to be a roaster and will be presenting multitudes of flavors of roasters from, well, everywhere at locations, events, markets and fairs.
--Interested in better americanos/lattes than you could ever do at home?
Take a dip SWASLU.com
(and PROXY/TRANSFER/EXCHANGE)
--LIE (MAKE UP FACTS)!
--ALTER DOCKET !
--GRANT MOTION ON NO NOTICE!
--REFUSE TO CORRECT GRANTING MOTION ON NO NOTICE!
--GRANT RELIEF NOT REQUESTED!
--GRANT RELIEF NOT AVAILABLE UNDER STATUTE CITED!
--PREMISE DECISIONS ON NON-EXISTENT DOCUMENTS! DUE PROCESS VIOLATIONS HAVE NO STATUTE OF LIMITATIONS!
- You can get in on the ground floor of the rebirth of a facility that has welcomed the likes of:
Fiona Apple,
Ted Danson,
Amanda Palmer,
Adrian Grenier,
Yo La Tego,
the Knights Orchestra,
a Charlie Brown Christmas,
rocky: the musical, etc.
--granting motion on no notice,
--finding Oct. 17 comes AFTER Oct. 26, ...
--granting relief not requested,
--refusing to address jurisdictional challenges,
Review a few lines in a few documents, a couple of dates therein, note presence of documents, note absence of a documents in a short record and
--Sign, notarize and send us affidavits. (1 vote):
Per use of affidavit in court filing.
If you pulled espressos, swept floors, worked, booked, produced, designed or performed at the Brooklyn Lyceum, you get a vote bonus based on the Lyceum involvement in the past to be added to the first accepted affidavit as a Due Process Warrior!.
- LYCEUM CREWE = 1 / participatory month.
- RUN PRODUCER ENTITY = 10 / week of run.
- RUN CREATIVE = 2 / week of run.
- RUN CREWE = 1 / week of run
- RUN PERFORMER = 1 / performance
- MARKET/CONVENTION TABLER = 1 / table day (2/day if booth)
- FESTIVAL PRODUCER ENTITY = 20 / festival week
- FESTIVAL CREATIVE = 2 / festival week
- FESTIVAL ENTRY LIVE = 1 / festival performer
- FESTIVAL ENTRY - NOT LIVE = 1 / festival
- PUBLIC EVENT RENTAL = 5
- PUBLIC EVENT PERFORMER = 1 per each day of performing
- PRIVATE RENTAL = 1 / week
- Monthly On-Line Vote
- OR - Rollover Up to 6 times (months)
- Have a person/organization you want to help?
Use Proxy to give them your vote (for up to a year).
Use Transfer to give them your votes PERMANENTLY.
-
All garnered votes can be exchanged for:
--1 Hour Lyceum Staffer time per 10 votes exchanged for any of a growing list of approved causes.
(that works out to be one hour of Lyceum time per accepted affidavit & two hours for each appearance.)
--Votes automatically returned to Lyceum if not used for 12 voting cycles (12 months/1 Year)
missing act/event submission, purchase.
When the Lyceum has succeeded in restoring its due process rights, or the Lyceum launches proxy sites whilst the battle is fought...
VOTE
--Once a month get an email notice of the events/acts/rentals to be voted upon.
--Via online system we are developing to vote. -OR-
--rollover (like phone minutes) votes up to six times.
--(votes unused within 6 "rollovers" are waived).
(judicial "thumb on the scale" (Donald Scott Kurtz) or not).
Overturning Brooklyn Lyceum Foreclosure case is simple (and inevitable). no more judicial places to run to, baby, no more judicial places to hide*. (*=credits to law of unintended consequences and Martha and the Vandellas)
as case was statutorily abandoned
(more than 365 days from last date for defendant to answer to date of 1st motion)
based solely on the Plaintiff provided record that includes ... Plaintiff implying in motion papers (Oct 2009)
--attached to but not referenced by that Notice of Motion and
--swearing in documents sent to judge (but not filed with court) two years later (Nov 2011)
--and admitted to in papers filed (Oct 2012) in response to
--motion to dismiss complaint as abandoned (Oct 2012)
--and admitted to in oral argument (Oct 2012) the court denies occurred
--but that plaintiff admitted occurred in subsequent papers (Dec 2012)
that Defendants had not appeared or responded in any fashion prior to that initial Motion.
to let the Plaintiff
especially given that the Kurtz
used evidence the Plaintiff's
since suspended from the practice of law attorney
withheld in the original motion (Oct 2009)
(but provided to the court
when the motion was challenged (Oct 2012)).
It should be noted
that the years late evidence,
(proof of the Defendants having hired an attorney
who both negotiated an extension of time to answer (April 2008)
& served answers for the Defendants (??? 2009) on the now suspended attorney)
should have caused the judge who has been quoted as saying
“When a case is before me, I try to give it my full attention,” -and-
“Some judges would have just read the papers and signed them,”
to look to see if proper procedure was followed ...
i.e. was an appearing attorney ever served the Notice of Motion &
was that Notice of Motion and all subsequent notices of motions facially sufficient?
(one motion served notice to appear a decade in the past).
when Judge Reinaldo Rivera said
"we will get to the bottom of it"
& "the 2nd department has an excellent reputation"
(thereby altering lower docket to insert a Defendant appearance when there was not one on the record.)
-- failing to correct lower appellate court failure to address jurisictionalarguments raised at oral argument &
-- failing to address jurisdictional arguments raised in response to sua sponte motion by the court.
-- dismissing an appeal PRIOR to addressing jurisdictional arguments.
Ruling threw Plaintiff
into retroactive jurisdictional traps:
-- Plaintiff's admitted failure to serve the Lyceum/Richmond attorney ANY papers.
-- Lower court granting relief not requested in notice of motion.
-- Lower court granting relief not available under statute cited in Notice of Motion.
-- Lower Court granting relief in motion where the referenced supporting documents are not attached/do not exist.
-- Lower Court granting relief in motion noticing parties to appear a DECADE IN THE PAST.
-- Lower Court premising a decision on TWO non-existent sworn statements.
on cases for next papers,
Affidavit about some 5th grader level logic,
when the covid crisis is done,
(case citation and opinions)
--can't figure out which is greater of two numbers or
--can't see that the Plaintiff noticed parties to appear a decade in the past or
--premises decisions on non-existent documents, i
how can you trust those judges with things that are complicated?
Take a look at some crystal clear STUPIDS and tell us what you think of a judge who would do these types of STUPIDS.
We are seeking 100 citations (in any jurisdiction) to support each of the premises that will set the Brooklyn Lyceum free.
If you are first to subit an on point case (even if it contradicts our position), you will earn, if you leave your email address, one Brooklyn Lyceum Curatorial vote.
Review a couple of dates or a couple of lines in some documents or note the absense of a document from a short record and sign an affidavit that you swear to. Just the facts, no conclusions necessary.
Send us the affidavit(s) and, if they are true to form and content, you will earn some Lyceum street cred via curatorial voting rights you can use, transfer or exchange (ten (10) votes for each accepted affidavit and one (1) vote for each use of the affidavit in court papers).
To that end, if you appear at specified junctures, just as an observer, you will get twenty (20) votes.
Lastly, we may need to have fliers distributed at places out and about.
To that end, for each hour of flier distribution, you will get ten (10) votes.
To stop this madness, we endeavor to review all (2018-2020) Appellate Oral Arguments and review papers and decisions to document such malfeasances and outright lies by the Appellate Court.
Judge Donald Scott Kurtz
“Some judges would have just read the papers and signed them,”
Judge Reinaldo Rivera
“we will get to the bottom of this”
“the 2nd department has an excellent reputation”
"we will get to the bottom of it"
"due process is notice and opportunity to be heard"
you have to know what rules you can break
in a topic Kurtz and/or Rivera and/or Rivera and/or Cohen screwed up
(19 topics and counting).
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
COMING SOON
COMING SOON
--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:
Eric Richmond
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.
MORE
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
- You can't fail to send a Notice of Motion to the attorney for a party, especially an attorney you swore did not exist.
- Your Notice of Motion, whomever is served, can't ask for a Judgment of Foreclosure under the Default Statute.
- Your Notice of Motion, whomever is served, can't be dated before documents it references.
- Your Notice of Motion can't reference a non-existent affidavit / affirmation.
- The Judge can't issue a decision for what was not requested.
- The Judge can't issue a decision premised on a non-existent affidavit / affirmation.
GRAB BAG OF JURISDICTIONAL GOODIES
- 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.
- 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:
- """
- 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).
- """
- 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?
altering the timeline has unexpected effects
or, you only get the rights you fight for ...
MORE
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:
- Plaintiff failed to serve initial Notice of Motion (or any papers whatsoever) on Lyceum Attorney.
- Plaintiff Notice of Motion cites, as the required document, an affidavit that does not exist.
- Plaintiff Notice of Motion dated October 13, 2009 cites non-existent, and impossible, October 26, 2009 Affidavit.
- Plaintiff Notice of Motion asks for relief (Judgment of Foreclosure and Order of Reference) under a statute that does not allow for Judgment of Foreclosure or Order of Reference.
- Decision by Judge Donald Scott Kurtz is premised on two affidavits that do not exist, one cited to by the Plaintiff in the motions papers, and, one out of whole judicial cloth.
- Same Decision grants relief not requested in Motion (Judgment of Default) and relief not available under the statute presented as the basis for the Motion (Order of Reference).
- Another Notice of Motion, to foreclose on the Lyceum, notices everyone on March 18, 2011, to attend a hearing on April 17, 2001, A DECADE IN THE PAST!!
HERE IS HOW YOU CAN HELP:
- Read, and mentally process, all the tabs. We know it will take some effort, but the payoff is worth it. If you already believe us and want to dig right in, read and become one with the 4 RED tabs.
- Sign & send a couple of affidavits regarding what you have processed regarding the bullet points above.
- If it works with your schedule, show up at a hearing on occasional basis.
- Or, if direct participation is not your bag, buy things from brooklynlycem.com/viewart or roxysteeparlour.com .
- Or, if you just want to help in the least involvement way possible, give $$ to the cause (https://brooklynlyceum.com/viewart/5) that may entail a new attorney and two projects to help keep this from happening to other people.
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
MORE
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.
Plaintiff:
- Sent Notice of a Motion to a Defendant, not Defendant's attorney (failure to serve attorney did not invoke the power of the court),
- Noticed whomever that the motion would seek Judgement of Foreclosure under a law (CPLR 3215) that only allows something different, Judgment of Default(facial deficiency of paper cannot invoke the power of the court),
- Notice to whomever was premised upon a 10/26/2009 affidavit by an attorney when there is no such dated affidavit (facial deficiency of paper cannot invoke the power of the court),
- Affidavit actually attached, not dated 10/26/2009, says it is premised upon an already filed proof of service when there is no priorly filed proof of service (power of the court not invoked if premised on non-existent paper).
Decision (Judge Donald Scott Kurtz):
- premised on the same non-existent 10/26/2009 affidavit
- premised on non-existent previously filed proof of service referenced in motion.
- premised on a false instrument created by the court, an Request for Judicial Intervention Worksheet page.
- granted Judgment of Default, which was not requested (which is not legal), instead of Judgment of Foreclosure (not available under the statute)
Years later Plaintiff admits in affirmation (attorney affidavit) in support of a Plaintiff Cross-Motion:
- Plaintiff never served Notice of Motion on Defendant's attorney.
- Defendant Noticed another motion for parties to appear a decade in the past.
- Defendant failed to comply with the express terms of the order allowing sale of Property.
Years later Judge (Donald Scott Kurtz, up for re-election November 5, 2019):
- Grants Plaintiff Cross Motion while finding that the Motion the Cross-Motion responds to was not properly served and was of no effect.
- Fails to address jurisdictional non starter (admission Counsel for Defendant was never served Notice of Motion) in granting Plaintiff Cross Motion.
- Fails to address jurisdictional non starter (admission Counsel for defendant noticed all to appear a decade in the past for a hearing).
- Fails to do 5th grader math by failing to figure out that Defendants were noticed to appear a decade in the past.
- Failed to provide a court reporter (and, thereby, lost jurisdiction) when defendant invoked New York State Constitution Article VI right to a court reporter.
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
MORE
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".
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
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:
- Plaintiff failed to serve initial Notice of Motion (or any papers whatsoever) on Lyceum Attorney.
- Plaintiff Notice of Motion cites, as the required document, an affidavit that does not exist.
- Plaintiff Notice of Motion dated October 13, 2009 cites non-existent, and impossible, October 26, 2009 Affidavit.
- Plaintiff Notice of Motion asks for relief (Judgment of Foreclosure and Order of Reference) under a statute that does not allow for Judgment of Foreclosure or Order of Reference.
- Decision by Judge Donald Scott Kurtz is premised on two affidavits that do not exist, one cited to by the Plaintiff in the motions papers, and, one out of whole judicial cloth.
- Same Decision grants relief not requested in Motion (Judgment of Default) and relief not available under the statute presented as the basis for the Motion (Order of Reference).
- Another Notice of Motion, to foreclose on the Lyceum, notices everyone on March 18, 2011, to attend a hearing on April 17, 2001, A DECADE IN THE PAST!!
HERE IS HOW YOU CAN HELP:
- Read, and mentally process, all the tabs. We know it will take some effort, but the payoff is worth it. If you already believe us and want to dig right in, read and become one with the 4 RED tabs.
- Sign & send a couple of affidavits regarding what you have processed regarding the bullet points above.
- If it works with your schedule, show up at a hearing on occasional basis.
- Or, if direct participation is not your bag, buy things from brooklynlycem.com/viewart or roxysteeparlour.com .
- Or, if you just want to help in the least involvement way possible, give $$ to the cause (https://brooklynlyceum.com/viewart/5) that may entail a new attorney and two projects to help keep this from happening to other people.
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.
- CHICAGO TRIBUNE
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- LA TIMES
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- BBC
- --Covid: Brazil has more than 4,000 deaths in 24 hours for first time
- --Covid: US rules out federal vaccine passports
- --George Floyd death: Chauvin 'trained to stay away from neck'
- NEW YORK TIMES
- --Likely Legal, ‘Vaccine Passports’ Emerge as the Next Coronavirus Divide
- --U.S. Bet on Covid Vaccine Manufacturer Even as Problems Mounted
- --The Rising Politicization of Covid Vaccines
- BALTIMORE BREW
- --“When it gets dark, we don’t leave the house”
- --Critics slam security deposit alternative bill up for final Council vote tonight
- --Students at Baltimore School for the Arts share stories of sexual harassment and assault
- SAN FRANCISCO PUBLIC PRESS
- --Hundreds More Homeless People Could Get Housing Under Emergency Policy
- --SF to Open Three Large Vaccination Sites
- --SF Prepares for Next Phase of COVID-19 Vaccinations
- PRO PUBLICA
- --The Emergency 911 System Where Callers Still Don’t Always Get Proper CPR Instructions
- --I Received Tips to Look Into How a Hospital Treated Premature Babies. Getting Data Was Nearly Imposs
- --My Kids’ School Closed Again. So I Started Calling Experts.
- PHYS.ORG
- --NASA's first weather report from Jezero Crater on Mars
- --NJ blames bacteria for dead fish in rivers, bays since fall
- --Fossil discovery deepens snakefly mystery
- SLASHDOT
- --Great Britain's Electricity System Has Greenest Day Ever Over Easter
- --Google AI Research Manager Quits After Two Ousted From Group
- --Cyberware Attack Shuts Down Vehicle Emissions Testing In Georgia and Seven Other States
- CELL.COM
- --Differentiated Social Relationships and the Pace-of-Life-History
- --When Ecology Fails: How Reproductive Interactions Promote Species Coexistence
- --The Scope for Postmating Sexual Selection in Plants
- NYTIMES: EVOLUTION
- --¿Cómo era esa canción? Este pájaro no sabe
- --This Endangered Bird Lost Its Song in Australia
- --When the Aliens Arrive, What Will They Look Like? A Zoologist Has Answers
- FRONTIERS IN
- --Editorial: From Meristems to Floral Diversity: Developmental Options and Constraints
- --Ultrabithorax Is a Micromanager of Hindwing Identity in Butterflies and Moths
- --Complete Metamorphosis in Manduca sexta Involves Specific Changes in DNA Methylation Patterns