System Observers because ...
unwatched systems tend towards abuse
watched systems towards accountability
Read! Think! JAFOMARU!

ABOUT

... System Observers because ...
unwatched systems tend towards abuse,
watched systems towards accountability


-- JAFO = Just Another F--king Observer
(someone there to watch but who is unwelcome to those being watched).

-- MARU, either a Ship or Circle in Japanese.
Also, an unwinnable situation that was won by resetting the rules
by Captain James T. Kirk in Star Trek: The Original Series (Kobayashi Maru).

-- We have seen many judicial tricks and have determined
a little focused attention might remove some friction from the legal system for those who represent themselves.

-- We seek to collect up procedural tricks
of the judicial trade in a place where
the self represented can research before they get screwed.

-- We also think observers at key junctures could
make the life of the self represented more manageable.


A watched court more likely to do its job.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
HARUCHAI

A movement of reason.




-- A nacent organization to
provide information on,
and opposition to,
judges up for re-election
if those judges
have the habit of
ignoring the law and their oaths.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
ALL I
CAN STANDS

(I Can't Stands No More)
Lawyers, judges and referees ... OH MY!.



-- Lawyers
and
Judges
and
Referees

sometimes fall on the dark side.

-- ALLICANSTANDS documents their fall.

Shining a teeny tiny flashlight on a few bad apple lawyers.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
THE
GROWLER

Journalism ain't what it used to be


A years late followup
to some heated discussions
about the future of journalism.

Which led to a process diagram
sketched on the back of an envelope
that was promptly ignored for years.

Then a media echo chamber of silliness
effectively cauterized a Democratic leaning populace
into a zombie-like apathy at the polls.

Not only must objective critical analysis occur
(whether or not we call it journalism),
that work needs to be given
a fertile and sustainable soil from which to spring.

The Growler is that soil.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
8 EASY
PIECES

The Inevitable return of the Brooklyn Lyceum


-- We are documenting a decade of malfeasance with commentary.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
Due Process
$$


The Brooklyn Lyceum
as a judicial jurisdictional pincushion.
    The LOWER COURT STORY (Judge Donald Scott Kurtz)
  • Lender (Plaintiff) initiated a foreclosure against Lyceum.
  • Based on the papers submitted by the Plaintiff, the first action in the case was fatally and facially tardy and jurisdictionally ineffective.
  • The judge, Donald Scott Kurtz, did, or failed to do the following:
      --Failed to dismiss the case as abandoned as was required.
      --Granted relief not requested in the moving papers.
      --Granted relief not listed under the statute noticed.
      --Premised decision on two non-existent documents.
  • Defendant Richmond moved to dismiss the case as abandoned.
      --Counsel for defendant admitted to the court on October 24, 2012, that Plaintiff had moved 6 months later than the abandonment statute allowed.
      --After this admission, the Court gave Plaintiff extra time to come up with another answer.
      --Plaintiff Counsel produced a sworn statement from former Plaintiff counsel admitting Plaintiff had regular and repeated interaction with counsel for Richmond and Lyceum PRIOR to October 26, 2009 motion.
      --Plaintiff Counsel produced a sworn statement that Plaintiff counsel had admitted, in a hearing on October 24, 2012, that the initial motion was 6 months late.
      --The Decision referenced documents that did not exist at the time of the October 26, 2009 Notice of Motion.
      --The Decision does not address Plaintiff admission to moving 6 months after statutory abandonment.
  • The judge then followed it up by granting a motion on no notice.
  • Defendant Richmond appealed the refusal to dismiss the case as abandoned (APPEAL #1).
  • The Lyceum moved to vacate the Order of Reference never served on the attorney for Richmond and the Lyceum, and the Judgment of Foreclosure with the facially statutorily insufficient notice, either of which would unwind the sale of the Brooklyn Lyceum.
  • The Plaintiff, in opposition papers, admitted ...:
      --Plaintiff failed to serve the October 26, 2009 Notice of Motion on the sworn to counsel for Richmond / Lyceum, David Blum, Esq.
      --Plaintiff's March 17, 2011 Notice of Motion instructed those noticed to apear on April 18, 2001.
      --Plantiff's ?? Notice of Entry of the Judgment of Foreclosure failed to accurately describe the Decision attached to the Notice of Entry.
  • The court is required to address jursdictional arguments before it takes any action after they are raised.
  • Judge Kurtz, rather than addressing the jurisdictional challenges, as required, refused to provide a required court reporter at the hearing on the motion and failed to acknowledge the hearing occurred (and that Richmond raised all three jurisdictional arguments orally) in a decision that said:
    "If I were to address the motion, I would deny it"
    The APPELLATE COURT STORY (Judge Reinaldo Rivera)
  • The Lyceum appealed the decision on whether the first action in the case was statutorily abandoned.
  • Once the appeal was fully briefed, it took 2.5 years to get calendered for oral argument.
  • At oral argumment on appeal, the Lyceum raised three jurisdictional challenges that, being jurisdictional, can be raised as late as oral argument on appeal:
      --The Lower court had granted a Judgment of Foreclosure and Sale on no notice.
      --The required notice of entry of the Judgment of Foreclosure and Sale was invalid as it did not truly descibe the document entered.
      --The Plaintiff, having now sworn that the Lyceum had actually appeared, contrary to prior sworn statement, failed to serve the attorney for the Lyceum with whom they had repeated communicatuion, including extensions of time to answer.
  • The Appellate Court ignored the jurisdictional arguments, and, in order to avoid ruling a case abandoned based on the record presented to the lower court:
      --Made up a fact (finding October 19 comes after October 26)
      --Found that the Plaintiff had timely moved in the first motion in the case.
        ---- an impossible finding from the record in the lower court at the time of the motion in question,
      ---- a finding that could only be possible if the court altered the lower docket to incorporate proof of Lyceum appearance, and appearance that triggered the three jurisdictional issues raised at oral argument.
  • The Appellate Court denied a motion to reconsider whether 19 > 26 or whether the Appellate court went outside the record and altered the docket.
  • The Appellate Court denied a motion to for leave to appeal whether 19 > 26 or whether the Appellate court went outside the record and altered the docket.
    The COURT OF APPEALS STORY
  • The COURT OF APPEALS:
      --dismissed stating the court did not have jurisdiction over 19 > 26
      --(but did not deny)

      --a motion to for leave to appeal

      --whether 19 > 26 or
      --whether the Appellate court went outside the record and altered the docket.
    NEXT LYCEUM STEPS
  • We are sure that making mathmatically impossible findings is directly akin to jurisdictional issues
    (the court has no authority to get 5th grade math wrong).

    In the event that Court of Appeals fails to do its job, we will be back with writs to compel the courts to address the jurisdictional arguments and 5th grader math failure.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
PASS JUDGMENT ON JUDGES WHO: Ignore Jurisdictional challenges, Grant motions on no notice, Grant relief not requested, Find Oct. 19 is AFTER Oct. 26 & Retroactively alter docket for lender.

Judge Donald Scott Kurtz

“When a case is before me, I try to give it my full attention,”
“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”


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 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".

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

WORSE THAN KOBAYASHI MARU -

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.

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.

UnElecteds

When the system give you a lemon, return it! - Remove judges who ... are not smarter than a 5th grader MORE

Political machine inertia ... -

... is the primary force in elections.

With so much going on in everyone's lives outside the election of judges, very rarely is the public informed enough to make an informed decision when an attorney is first up for election as a judge, resulting in party-line votes without any substantive evaluation of the candidates.

But in the Kings County Supreme Court, they must come up for re-election every 14 years for Supreme Court and 10 years for Civil Court.

After a decade or more of being a judge, one has ought have more than party-backing to go by.

Until recently, reviews of how a judge did during his or her 10/14 year term were hard to come by.

Now we present scorecard of sorts.

Old Guard still standing ...

  • NEW YORK TIMES
  • --White House Signals Trump Won’t Mount House Impeachment Defense
  • --Saudi Trainee Kills 3 in Shooting at Florida Naval Base
  • --With Impeachment Unfolding Amid a Booming Economy, What Will Voters Prioritize?
  • LA TIMES
  • --FTC officially rules that Cambridge Analytica deceived Facebook users
  • --The Blood Pipe Is Still Spewing Blood After Nearly Two Years: Newly-obtained footage shows the under
  • --Anti-vaxxer arrested amid measles crisis (63 killed 4,300 infected)
  • BBC
  • --Elon Musk wins defamation case over 'pedo guy' tweet about caver
  • --Trump impeachment: White House signals it will not attend hearings
  • --Pensacola shooting: Saudi student kills three at US naval base
  • CHICAGO TRIBUNE
  • --Bulls guard Coby White finding other ways to contribute as his scoring goes through rookie inconsist
  • --Blackhawks’ Zack Smith wants assistant coach Marc Crawford to stay with the team: ‘Hopefully it’s no
  • --Woman allegedly out drinking with Eddie Johnson accused of removing evidence from cellphone

Indie news of note ...

  • HIDDEN CITY PHILADELPHIA
  • --Exploring the Rizzo Boycott of 1967
  • --American Bible Society Brings Tours and Trepidation to Old City
  • --Designation Committee to Review Jewelers’ Row as Demolition Proceeds
  • CHICAGO REPORTER
  • --Five things to read or watch for 50th anniversary of Fred Hampton’s murder by police
  • --To stop police shootings of people with mental health disabilities, I asked them what cops – and eve
  • --Why support for the death penalty is much higher among white Americans
  • SAN FRANCISCO PUBLIC PRESS
  • --City College Students, Teachers Blindsided by Class Cuts
  • --Alcatraz Sunrise Gathering Marks 50 Years Since Indigenous Occupation
  • --Documentary Probes Impacts of “Financialization” of Housing
  • CITY LAB
  • --CityLab Daily: Will Buffalo Become a Climate Change Haven?
  • --Fix California's Housing Crisis, Activists Say. But Which One?
  • --The Changing Geography of the Opioid Crisis

Science feeds of note ...

  • REDDIT - SCIENCE
  • --BPA levels in humans higher than previously thought, study suggests. A new method suggests that meas
  • --New CRISPR tool could fix almost all disease-causing DNA glitches
  • --WHO, CDC data shows measles cases up 30 percent globally, with the disease killing more than 140,000
  • PHYS.ORG
  • --Gamma-ray laser moves a step closer to reality
  • --Electronic map reveals 'rules of the road' in superconductor
  • --Nanocontainer ships titan-size gene therapies and drugs into cells
  • POPULAR SCIENCE
  • --Three tricks to make your fresh herbs last year-round
  • --This website lets you travel back in time to abandoned airfields near your home
  • --Looking back on ways the internet consumed our life in 2019
  • SLASHDOT
  • --Qualcomm To Offer GPU Driver Updates On Google Play Store For Some Snapdragon Chips
  • --Deepfake Porn Is Evolving To Give People Total Control Over Women's Bodies
  • --Social Media Platforms Leave 95 Percent of Reported Fake Accounts Up, Study Finds

Evolution feeds of note ...

  • CELL.COM
  • --A Horizon Scan of Emerging Global Biological Conservation Issues for 2020
  • --Using Haplotype Information for Conservation Genomics
  • --The History of Farm Foxes Undermines the Animal Domestication Syndrome
  • NATURE.COM
  • --A reference library for Canadian invertebrates with 1.5 million barcodes, voucher specimens, and DNA
  • --Actions speak louder than words
  • --Resolving the cause of recurrent Plasmodium vivax malaria probabilistically
  • NYTIMES: EVOLUTION
  • --How a Curious Mammal Evolved Its Venom
  • --Is This the First Fossil of an Embryo?
  • --Seeking a New Lens to Study Same-Sex Behavior in Animals
  • FRONTIERS IN
  • --Wnt Gene Expression During Early Embryogenesis in the Nymphalid Butterfly Bicyclus anynana
  • --CRABS CLAW and SUPERMAN Coordinate Hormone-, Stress-, and Metabolic-Related Gene Expression During A
  • --Multiple Roles of the Polycistronic Gene Tarsal-less/Mille-Pattes/Polished-Rice During Embryogenesis

Espresso feeds of note ...

  • I NEED COFFEE
  • --A Small Screwball Cake Recipe for Two
  • --How to Brew Fine Drip Over Coffee With a Stainless Steel Filter
  • --How To Make Coffee Using A Thermos Flask
  • SPRUDGE
  • --Welcome To The 2020 US Coffee Championships Season On Sprudge
  • --Coffee Design: Camber Coffee Roasters Artist Series
  • --Millennial Influencers Trade Coffee For Butthole Sunning
  • REDDIT COFFEE
  • --[MOD] The Official Noob-Tastic Question Fest
  • --[MOD] What have you been brewing this week?/ Coffee bean recommendations
  • --How do you approach a coffee that drains very quickly at finer grinds? (ie: Natural Colombians).