JAFOMARU
Necessary, but often unwelcome,
observers in the halls of power
(and their dusty basements)
observers in the halls of power
(and their dusty basements)
(unwatched powers tend toward putting fingers
on the scales of whatever powers they have)
on the scales of whatever powers they have)
ETYMOLOGY
JAFO: Just
Another
F—ing
Observer
Another
F—ing
Observer
MARU: circle or ship in Japanese.
More relevantly,
the unwinnable situation
reprogrammed by Captain Kirk
in the Kobayashi Maru.
More relevantly,
the unwinnable situation
reprogrammed by Captain Kirk
in the Kobayashi Maru.
Help us pay procedural due process forward
... (by helping a procedural due process deprived Brooklyn Theater) ...
GET SAY IN
--future procedural due process MARUs
--programming the Brooklyn Lyceum or any interim Lyceum!
Eyes with more than
a functional brainstem
a functional brainstem
... are the key…
JUST DO SOME OF THESE
—Review simple legal concepts
(what is common law, how it takes precedence over statute,
procedural due process & its waiver )
(what is common law, how it takes precedence over statute,
procedural due process & its waiver )
—Review simple statutes
— Read a few iron clad simple decisions (case law).
— Read a few lyceum decisions (law of the case).
—Review simple court papers
(such as notices and proofs of service of notices)
(such as notices and proofs of service of notices)
— Note presence or lack of documents (like proofs of service).
— Review the date of a document and its timestamp
(noting when document became part of the record).
(noting when document became part of the record).
— Note how there can only be one outcome …
if Brooklyn Procedural Due Process has any meaning.
if Brooklyn Procedural Due Process has any meaning.
— Sign elevated affidavit (jurat)
swearing to what you have seen.
swearing to what you have seen.
— Make appearance at a hearing: (live or zoom),
help at event or help spread the word
help at event or help spread the word
STEPS TO VOTES
a)—
Common law takes precedence over New York State Statute - it says so in a New York Statute. ;)
Common Law takes precedence over statute unless there is a statute specifically eliminating a particuar common law,
such as common law marriage.
in the event that common law and statute conflict ...common law takes precedence over that statute.
Common Law takes precedence over statute unless there is a statute specifically eliminating a particuar common law,
such as common law marriage.
in the event that common law and statute conflict ...common law takes precedence over that statute.
b)—
Read about common law appearance being any action taken that would impede plaintiff from seeking judgment in the case,
Read a few case law snippets showing that obtaining an extension of time to answer is an appearance.
Read a few case law snippets showing that obtaining an extension of time to answer is an appearance.
c)—
Read a simple statute mandating service of papers on atty.
Read a few case law snippets regarding failure to serve papers on atty.
Read a few case law snippets regarding failure to serve papers on atty.
d)—
Read simple statute on minimum notice
Read a few case law snippets regarding lack of minimum notice.
Read a few case law snippets regarding lack of minimum notice.
e)—
Read simple statute requiring notice of what statute allows for what relief plaintiff is seeking.
Read a few case law snippets regarding failure to notice what gives court authority to grant what you ask for in supporting papers.
Read a few case law snippets regarding failure to notice what gives court authority to grant what you ask for in supporting papers.
f)—
Read simple statute about waiver of procedural due process by participation without raising it.
Read a few case law snippets regarding waiver if atty not noticed, un noticed atty does not appear, unnoticed atty does not file/serve opposition papers.
Read a few case law snippets regarding waiver if atty not noticed, un noticed atty does not appear, unnoticed atty does not file/serve opposition papers.
g)—
Read a few case law snippets regarding foreverness*** of procedural due process violations.
***absent any participation that does not object to lack of procedural due process.
things such as attending hearing without raising issue or opposition papers without raising issue, none of which occurred here.
h)—
Scan docket and noteMarch 2011 Notice of Motion for Judgment of Foreclosure and Sale dated instructing appearance at April 2001 hearing,
a decade in the past.
i)—
Scan docket and note Notice of Motion for Judgment of Foreclosure and Sale that, despite seeking a Judgment of Foreclosure and Sale
does not specify the statute that allows for Judgment of foreclosure and Sale.
j)—
Scan docket and note lack of proof of service of anything,
let alone the Notice of Motion for Judgment of Foreclosure and Sale,
on that atty.
let alone the Notice of Motion for Judgment of Foreclosure and Sale,
on that atty.
k)—
Scan docket and note Judgment of Foreclosure and Sale
finding that the Judgment of Foreclosure and Sale
is based on the Defendants' failure to appear
in the Motion for Judgment of Foreclosure and Sale
either at the hearing or in papers, i.e. Default.
finding that the Judgment of Foreclosure and Sale
is based on the Defendants' failure to appear
in the Motion for Judgment of Foreclosure and Sale
either at the hearing or in papers, i.e. Default.
l)—
Scan docket and note
lack of proof of service of anything on that atty.
m)—
Swear out a jurat (enhanced affidavit)
in front of notary public attesting to some of these simple things.
n)—
Appear at a hearing either
on zoom-like technology, or, in person
(not required but garner votes)
(not required but garner votes)
o)—
give us some relevant caselaw we don't yet have
on concepts on or concept list
Can be from any jurisdiction.
Can be for or against our positions.
Can be from any jurisdiction.
Can be for or against our positions.
What’s the payback?
... Your time has value…
WE CAN OFFER
—Warm fuzzies because
you stood up and noticed
something, somewhere, was clearly amiss.
you stood up and noticed
something, somewhere, was clearly amiss.
—votes in choosing future MARUs.
—votes in programming the new Brooklyn Lyceum or any interim proxy
(Currently poking around Philadelphia, upstate New York and Maine)
(Currently poking around Philadelphia, upstate New York and Maine)
Votes? Future MARUs?
--10 for each accepted jurat (an accepted jurat MUST must be 1st MARU act)
--1 for each use of jurat in court papers
--5 for appearing at a court hearing (by zoom or conference call)
--20 for appearing at a hearing in person.
--10 for each hour helping at event or helping to distribute info to the world (how/when TBD).
--2 for each accepted (relevant and we don't yet have it) case citation.
--1 for each court filing it is refernced in.
--1 for each use of jurat in court papers
--5 for appearing at a court hearing (by zoom or conference call)
--20 for appearing at a hearing in person.
--10 for each hour helping at event or helping to distribute info to the world (how/when TBD).
--2 for each accepted (relevant and we don't yet have it) case citation.
--1 for each court filing it is refernced in.
-
Votes? Brooklyn Lyceum (or interim location)
Same as for Future Maru but … in addition …
Prior activity at lyceum
(staff, performers, creative, etc…)
gets you votes
that vest with your 1st accepted jurat.
Votes defined at gowanagus.com
Prior activity at lyceum
(staff, performers, creative, etc…)
gets you votes
that vest with your 1st accepted jurat.
Votes defined at gowanagus.com
Foreclosed on by a developer …
that failed to act before the case should have been dismissed as abandoned,
a developer then led by a now suspended from the practice of law atty,
suspended for withholding information from disciplinary committee.
Lower Court protects developer…
When called on it lower court tied itself into knots kissing developer heinie.
When we appealed the heinie kissing, the appellate court retroactively altered the docket to parallel construct developer heinie kissing because the initial heinie kissing was such an abysmal ruling
(this was after finding that October 17 comes AFTER October 26, a ridiculous finding of fact that made heinie kissing irrelevant).
When we appealed the heinie kissing, the appellate court retroactively altered the docket to parallel construct developer heinie kissing because the initial heinie kissing was such an abysmal ruling
(this was after finding that October 17 comes AFTER October 26, a ridiculous finding of fact that made heinie kissing irrelevant).
Only three options …
--compel court to rule
only on the record
plaintiff made available
to the court
up to and including its initial motion.
—demanding appellate court,
as it as done countless times before,
ensure that the defendant's procedural due process rights
are not harmed
by the retroactive altering of the docket
to favor the plaintiff, or,
—roll with the magical alteration and
attack the subsequent other procedural due process violations caused thereby
(failure to serve atty, notice to appear a decade in the past)
only on the record
plaintiff made available
to the court
up to and including its initial motion.
—demanding appellate court,
as it as done countless times before,
ensure that the defendant's procedural due process rights
are not harmed
by the retroactive altering of the docket
to favor the plaintiff, or,
—roll with the magical alteration and
attack the subsequent other procedural due process violations caused thereby
(failure to serve atty, notice to appear a decade in the past)
Inevitable Result …
Plaintiff Damned if courts kiss developer heinie one way,
Plaintiff damned if courts kiss it another way, and,
Plaintiff damned if courts kiss no developer heinie at all.
Plaintiff damned if courts kiss it another way, and,
Plaintiff damned if courts kiss no developer heinie at all.