Necessary, but often unwelcome,
observers in the halls of power
(and their dusty basements)
(unwatched powers tend toward putting fingers
on the scales of whatever powers they have)
JAFO: (J)ust (A)nother (F)—ing (O)bserver
MARU: the unwinnable situation
reprogrammed by Captain Kirk
in the Kobayashi Maru
also: circle or ship in Japanese.

Help us pay procedural due process forward
... (by helping a procedural due process deprived Brooklyn Theater) ...
--Decision on No Notice to Lyceum attorney?
--Appellate court finds, and refuse to correct, that Oct 17, 2012 came AFTER Oct 26, 2012
--Appellate court ignores one prong of four necessary to uphold decision
--Appellate court misrepresents appeal argument to avoid statute of limitations issue
--State court refuses court reporter
--State court judge alters two transcripts

--choosing future procedural due process MARUs
--programming the Brooklyn Lyceum or any interim Lyceum!

Eyes with more than
a functional brainstem
... are the key…

—Review simple legal concepts
(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)
— 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).
— Note how there can only be one outcome …
if Brooklyn Procedural Due Process has any meaning.
— Sign elevated affidavit (jurat)
swearing to what you have seen.
— Make appearance at a hearing: (live or zoom),
help at event or help spread the word

... Roll up your sleeves Paladins
(become JAFO who MARUs)
at JAFOMARU.com ...

Common law takes precedence over New York State Statute - it says so in a New York 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.
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 simple statute mandating service of papers on atty.
Read a few case law snippets regarding failure to serve papers on atty.
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, unnoticed atty does not appear, unnoticed atty does not file/serve opposition papers.
Read a few case law snippets regarding:
absent waiver by participation*** w/o objecting to procedural due process violations
procedural due process violations vest no rights and
have no deadline (statute of limitations) to overturn.
***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.
Scan docket and note lack of proof of service of anything on that atty.
Swear out a jurat (enhanced affidavit) in front of notary public attesting to some of these simple things.
Appear at a hearing either on zoom-like technology, or, in person
(not required but garner votes)
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.

What’s the payback?
... Your time has value…

—Warm fuzzies because
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)

Votes? Future MARUs?
--? for each accepted jurat (an accepted jurat MUST must be 1st MARU act)
--? for each use of jurat in court papers
--? for appearing at a court hearing (by zoom or conference call)
--? for appearing at a hearing in person.
--? for each hour helping at event or helping to distribute info to the world (how/when TBD).
--? for each accepted (relevant and we don't yet have it) case citation.
--? 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

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 eventually going outside record to justify years prior decision.
When we appealed the tieing itself into knots, the appellate court made up a fact (17>26) and rubber stamped going outside the record.
(finding that October 17 comes AFTER October 26 was a ridiculous finding of fact).
Only two Catch-22 options …
--court must rule
on the record plaintiff made available
to the court up to and including its initial motion.
on the record plaintiff made available
to the court up three years after the motion.

Inevitable Result …
--Plaintiff Damned if courts use record up to and including initial motion
(case was abandoned)

--Plaintiff Damned if courts use record up to three years after motion
(decision in 1st motion in case was Decision On No Notice (DONN) to Defendant Lyceum's Attorney)