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".

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 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 ...

    BBC
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    NEW YORK TIMES
  • --A Key Piece of Obamacare Finds an Unlikely Foe: House Democrats
  • --‘El Chapo’ Guzmán Sentenced to Life in Prison, Ending Notorious Criminal Career
  • --Where El Chapo Could End Up: A Prison ‘Not Designed for Humanity’
    NPR
  • --WHO Says Ebola Is Now A 'Public Health Emergency Of International Concern'
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    CHICAGO TRIBUNE
  • --Watch for buckling pavement, slower Metra trains as temperatures climb this week
  • --Prosecutor: Man stabbed to death on CTA train was trying to protect another passenger
  • --Eloy Jimenez goes on the 10-day injured list with a right ulnar nerve bruise

Indie news of note ...

    NEW HAVEN INDEPENDENT
  • --Welcome To WNHH!
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  • --Today’s Debates
    SAN FRANCISCO PUBLIC PRESS
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  • --How We Tracked Down the Information to Answer Questions About Tenant Complaints
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    CITY LAB
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  • --In Denmark's Train Dream, the Next Big City Is Only an Hour Away
  • --Could Public Banks Help California Fund Affordable Housing?
    CITY LIMITS
  • --Longtime Homeless-led Organization Says it May Shut Doors
  • --East Side Resiliency Plan Faces Key Hearing
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Science feeds of note ...

    REDDIT - SCIENCE
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  • --Drug Overdose Deaths Drop in U.S. for First Time Since 1990
  • --Radiation levels in some regions of the Marshall Islands in the central Pacific, where the United St
    POPULAR SCIENCE
  • --The history of science is for sale
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  • --The weirdest things we learned this week: Victorian sex drugs and deadly milk injections
    SCIENCE NEWS
  • --WHO declares a public health emergency over Congo’s Ebola outbreak
  • --Planting trees could buy more time to fight climate change than thought
  • --This gene may help worms live longer, but not healthier
    PHYS.ORG
  • --Police arrest Hawaiian protesters trying to block telescope
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Evolution feeds of note ...

    CELL.COM
  • --Measuring Terrestrial Area of Habitat (AOH) and Its Utility for the IUCN Red List
  • --Let’s Train More Theoretical Ecologists – Here Is Why
  • --Transforming Protected Area Management in China
    NATURE.COM
  • --Crustose lichens with lichenicolous fungi from Paleogene amber
  • --Death as a human sacrifice awaited some travellers to a Mayan city
  • --Non-photosynthetic predators are sister to red algae
    NYTIMES:EVOLUTION
  • --Frances Arnold Turns Microbes Into Living Factories
  • --The Benevolent Power of Other People
  • --Why Is This Ostrich Wearing an Extra Set of Wings?
    EVOLUTION INSTITUTE
  • --On the Origin of Socialist Darwinism
  • --Darwinizing the Federalist Papers: Preamble
  • --The “Benefits,” Risks, and Costs of Routine Infant Circumcision

Espresso feeds of note ...

    COFFEETOGRAPHER
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  • --Eight Things in Coffee and Culture To Do This July.
  • --music.: A New York Mixtape ‘Brighten The Gloom’
    PERFECT DAILY FEED
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    REDDIT COFFEE
  • --What setup should I buy as a 14 year old looking to get into advanced coffee?
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    I NEED COFFEE
  • --Life is Coffee Comics #27
  • --My Coffee Tis of Thee: America’s Patriotic Coffee History
  • --Costa Rica Coffee History