System Observers - sunlight is the best disinfectant MOREA 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.
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".
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. MOREWORSE 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.
jurisdiction ain't what is used to be ... - AD2 ignores jurisdiction, makes up facts and treats pro se litigants differently? MOREPREAMBLE - 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.
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.
When the system give you a lemon, return it! - Remove judges who ... are not smarter than a 5th grader MOREPolitical 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 ...
Indie news of note ...
Science feeds of note ...
Evolution feeds of note ...
Espresso feeds of note ...