AD2 Maru - year in the valley
jurisdiction ain't what is used to be ... - AD2 ignores jurisdiction, makes up facts and treats pro se litigants differently? - MORE
PREAMBLE -

The Brooklyn Lyceum went into the belly of the judicial beast on September 6, 2018:   oral argument of four slam dunk appeals at the New York State Supreme Court Appellate Division Second Department.

The Brooklyn Lyceum was seeking to overturn lower court rulings regarding abandonment of a claim, perjury by an attorney, and contempt of an order that never was in effect.

After having watched about 30 hours or so of 2018 oral arguments the Lyceum was confident that, given the commentary by judges in those hours, and, after waiting more than 2.5 years to be calendared, justice would be done.

That justice would be the clear application of basic legal concepts, simple statutes, iron clad case law and the common law to simple fact patterns, especially the unequivocal lack of jurisdiction:

  • --that, on the record before the court, doing simple addition and subtraction ((service date + proof of service date+10 days +365) < date of motion), the case was statutorily abandoned stripping the court of  any power it had in the case whatsoever, and,
  • --failure to serve any motion or papers on attorney for two defendants, and,
  • --no matter whom was served, noticing all parties to appear ten years in the past, and 
  • --an attorney committed perjury swearing in an affidavit that  a document proving acquired standing existed when his client first appeared some 9 months prior, when, in fact, that document requisite for standing we mere days prior, some 9 months after appearing without standing.
  • --an order served, not within 21 days, as per the order, but at 45 days, was not in effect, ever.

Nothing could be further from the truth than the court doing justice as the law required.

Presiding Judge Reinaldo Rivera's statements that the Second Department had "an excellent  reputation" and "we will get to the bottom" of this proved to be red herrings, if not flat out lies.

NOTHING NEW UNDER THE SUN

  • --the court found that 19 was greater  than 26.
  • the court went outside the record, contrary to all precedent on the issue, precedent that says if you can't be bothered to put it a necessary reason in the moving papers, you can't add it later.
  • --the court, after having gone outside the record, failed to follow the judicial equivalent of the hippocratic oath to first, do no harm, when it, by accepting papers outside the record as being dispositive, failed to do what it had done as recently as two weeks prior to the oral argument, change the record nun pro tunc, but resetting both sides back to the nun pro tunc date.
  • --the court, rather than addressing how and when the non-initiating plaintiff acquired standing, altered the appeal brief from alleging Ex-trinsic fraud(with no time limit to vacate) to In-trinsic fraud which has, historically, but no court dares cite the source, had a two year deadline to vacate.
  • --the court, rather than address the requirement that contempt can only be found if the order was still in effect, ignored that part of the case cited that required the order still be in effect, setting precedent allowing contempt to exist of orders no longer in effect.

DOUBLE NOTHING NEW UNDER THE SUN

  • --When asked to reconsider 19 is greater than 26 ... Denied.
  • --When asked to reconsider affirming contempt without addressing whether the order was in effect ... Denied.
  • --When asked to reconsider stealth nun pro tunc of evidence submission .. Denied.
  • --When asked to reconsider failure to address jurisdictional arguments raised, and not rebutted, at oral argument ... Denied.
  • --When asked to reconsider perjury allegation of non-initiating plaintiff acquiring standing from initiating plaintiff ... Denied.

PURPOSEFULLY UN-WINNABLE SITUATION

  • --This situation is so kafka-esque, that something needs to be done.
  • --If not now, then when?
  • --If not the Brooklyn Lyceum, then who.

AD2-MARU

Captain Kirk reprogrammed an un-winnable test at Star Fleet Academy, the KOBAYASHI MARU.

We seek to make the slam dunk cases winnable by collecting enough information to fight the power.

Join us.

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 should be one-pronged, ten years of experience and you probably know what due process is and what discretionary is, but probably has become a two-pronged rationale ... 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.

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 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".


Old Guard still standing ...

    NEW YORK TIMES
  • --Fox News Welcomes Pete Buttigieg. Trump and ‘Fox & Friends’ Aren’t Pleased.
  • --McGahn Skips Hearing, Defying Subpoena, and Democrats’ Anger Swells
  • --Trump’s Secrecy Fight Escalates as Judge Rules for Congress in Early Test
    NPR
  • --Nepalese Sherpa Sets Mount Everest Record (Again), Climbing Mountain Twice In A Week
  • --Trump Officials To Brief Members Of Congress On Iran Threat
  • --More Tariffs On China, More Head Scratching From Economists
    BBC
  • --Tributes paid to F1 legend Niki Lauda
  • --Ren Zhengfei says US government 'underestimates' Huawei
  • --Austrian political crisis prompts no-confidence vote
    LA TIMES
  • --Donald Trump has been warned by the west’s most influential economics thinktank that further escalat
  • --Whistleblower unraveled Danske Bank money-laundering scheme involving $230 billion from Putin's cous
  • --Climate crisis: Satellites to monitor air pollution generated by every power station in the world -

Indie news of note ...

    CHICAGO REPORTER
  • --Charging asylum application fees is the latest way the US could make immigrants pay for its red tape
  • --The US white majority will soon disappear forever
  • --Rahm Emanuel tries his hand at fiction. And the media is buying it.
    HIDDEN CITY PHILADELPHIA
  • --Appetite For Deconstruction: North Philly Nonprofit Tackles Three Pressing Issues With One Program
  • --Arson & Archway Raise Awareness Of A 19th Century Architect
  • --A Fond Farewell To Paley Library At Temple University
    SAN FRANCISCO PUBLIC PRESS
  • --California Attorney General Plans Few Privacy Law Enforcement Actions, Telling Consumers to Take Vio
  • --S.F. Report: Benefits of Buying PG&E’s Grid Outweigh Costs, Risks
  • --Justice Dept. Responds to Public Press Request for Mueller Report on Trump
    PRO PUBLICA
  • --Soon You May Not Even Have to Click on a Website Contract to Be Bound by Its Terms
  • --Blistering Report Details Serious Safety Lapses at St. Luke’s in Houston
  • --New York City’s Early Voting Plan Will Favor White, Affluent Voters, Advocacy Groups Say

Science feeds of note ...

    SCIENCE NEWS
  • --How the battle against measles varies around the world
  • --Measles erases the immune system’s memory
  • --Finding common ground can reduce parents’ hesitation about vaccines
    POPULAR SCIENCE
  • --The coolest way to keep food cold without refrigeration
  • --Scientists want to reduce CO2 by releasing more CO2
  • --All the buzz about NASA’s new fleet of space bees
    SLASHDOT
  • --Factory Workers Become Coders as Companies Automate
  • --Huawei Considers Rivals To Google's Android After US Ban
  • --Report Finds Some Users Can't Opt Out of Facebook's Face Recognition
    REDDIT - SCIENCE
  • --Plastic makes up nearly 70% of all ocean litter. Scientists have discovered that microscopic marine
  • --AI was 94 percent accurate in screening for lung cancer on 6,716 CT scans, reports a new paper in Na
  • --Bonobo mothers pressure their children into having grandkids, just like humans. They do so overtly,

Evolution feeds of note ...

    NATURE.COM
  • --Dissimilarity-driven behavior and cooperation in the spatial public goods game
  • --Current accounts of antimicrobial resistance: stabilisation, individualisation and antibiotics as in
  • --Pheomelanin pigment remnants mapped in fossils of an extinct mammal
    NYTIMES:EVOLUTION
  • --The Benevolent Power of Other People
  • --Why Is This Ostrich Wearing an Extra Set of Wings?
  • --Fossils Are Filling Out the Human Family Tree
    FRONTIERS IN
  • --Phenotypic Plasticity, Developmental Instability, and Robustness: The Concepts and How They Are Conn
  • --The Synarcual of the Little Skate, Leucoraja erinacea: Novel Development Among the Vertebrates
  • --How the Devil Ray Got Its Horns: The Evolution and Development of Cephalic Lobes in Myliobatid Sting
    EVOLUTION INSTITUTE
  • --How to Eliminate Going to the Dentist
  • --Group Selection in Every Way Except Using the Words: A Critique of “The Goodness Paradox” by Richard
  • --Mismatch Between Our Biologically Evolved Educative Instincts and Culturally Evolved Schools

Espresso feeds of note ...

    SPRUDGE
  • --Aubrey Mills: The Sprudge Twenty Interview
  • --Coffee Makes You Poop, And Scientists Have Figured Out Why
  • --A Coffee Drinker’s Guide To Cincinnati
    COFFEETOGRAPHER
  • --coffeetography.: Lady near Santo Cafe, Guayaquil, Ecuador.
  • --hopper.: Poopity Coffee, TWA’s Coffee Counter and Clutching a $75 Coffee.
  • --photo essay.: Rose Park Coffee Roasters on Pine, Long Beach, CA.
    PERFECT DAILY FEED
  • --Cómo Tratar la Roya Del Café Con Fungicidas
  • --Un Recorrido Por Las Tiendas de Café de Edimburgo, Escocia
  • --What Is Witches’ Broom & How Does It Affect Cacao?
    I NEED COFFEE
  • --The Perfect Solution For Cold Brew Coffee on the Go
  • --The Osaka Cold Brew Dripper Tutorial
  • --A Coffee Drinker’s Guide to Coffee Candies