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.

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