a once and future theater
(if due process has any meaning whatsoever)
help us plot a Lyceum future!
We are due for Due Process!
--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).
no more places to run to, baby, no more places to hide.
The Lyceum had the Plaintiff dead to rights
(case was statutorily abandoned based solely on the record provided to the court by the Plaintiff).
Judge Donald Scott Kurtz
broke the law to let the Plaintiff
continue abandoned case.
especially given that the Plaintiff failed to put in even a "dog ate my homework" sufficient cause excuse.
Judge Reinaldo Rivera
aided and abetted Kurtz by:
-- making up a fact (Oct. 17 comes after Oct. 26) &
-- going outside the record to save the Plaintiff.
-- altering lower docket to insert a Defendant appearance when there was not one on the record.
-- altering appellate record to make Defendant allege "intrinsic" fraud when appelalte papers clearly allege "extrinsic" fraud.
Ruling threw Plaintiff
into retroactive jurisdictional traps:
-- failure to serve the Lyceum attorney ANY papers.
-- requesting reliefs not authorized by cited statute.
-- premising requested relief on non-exstent attorney affirmation.
-- noticing parties to appear a DECADE IN THE PAST.
-- Kurtz granted relief not requested.
-- Kurtz premised a decision on TWO non-existent sworn statements.
-- Kurtz granted what was NOT available under cited statute.
Take poll, vote, sign affidavit, appear, contribute.
Then help program the Brooklyn Lyceum!
--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”
in a topic Kurtz and/or Rivera 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.
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