JAFOMARU
Necessary, but often unwelcome, observers
in the halls of power (and their dusty basements)
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:unwinnable situation reprogrammed by Captain Kirk in "Kobayashi Maru"
also: circle or ship in Japanese.
MARU:unwinnable situation reprogrammed by Captain Kirk in "Kobayashi Maru"
also: circle or ship in Japanese.
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We can "MAKE --- IT --- SO" quicker with your help - Read! --- Think! --- Act! --- Appear!
brooklynlyceum.com
Brooklyn theatre in need of some procedural due process awareness:
jafomaru.com
learning about issues and earning stake/votes.
gowanagus.com
application/transfer of curatorial (programming) votes
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 not dismissing case as abandoned, lower court tied itself into knots by going outside the case docket to justify years prior decision.
--When we appealed the tieing itself into knots, the appellate court made up a ridiculous finding of fact(that October 17 comes AFTER October 26) and rubber stamped going outside the record.
--When we appealed the tieing itself into knots, the appellate court made up a ridiculous finding of fact(that October 17 comes AFTER October 26) and rubber stamped going outside the record.
Only three Catch-22 options …
--court must rule
on the docket plaintiff made available
to the court up to and including its initial motion.
—or—
on the docket plaintiff made available
to the court three years after the motion.
(implication being communications between attorneys are part of record
whether or not they are on the docket)
—or—
the court retroactively inserted attorney communications on the docket
without ensuring the substantive rights of all parties were preserved.
on the docket plaintiff made available
to the court up to and including its initial motion.
—or—
on the docket plaintiff made available
to the court three years after the motion.
(implication being communications between attorneys are part of record
whether or not they are on the docket)
—or—
the court retroactively inserted attorney communications on the docket
without ensuring the substantive rights of all parties were preserved.
Inevitable Result …
--Plaintiff Damned if courts use record up to and including initial motion
(case was abandoned)
-OR-
--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)
(case was abandoned)
-OR-
--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)
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 refuses 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 addressing Plaintiff attorney fraud upon the court
--State court judge repeatedly refuses court reporter
--State court judge alters two transcripts
--Appellate court finds, and refuses 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 addressing Plaintiff attorney fraud upon the court
--State court judge repeatedly refuses court reporter
--State court judge alters two transcripts
GET SAY IN
--choosing future procedural due process MARUs
--programming the Brooklyn Lyceum or any interim Lyceum!
EARN THE VOTE:
STEPS TO VOTES
LEARNIN'
a)
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.
such as common law marriage.
if common law and statute conflict ... common law takes precedence.
b)
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.
c)
Read a simple statute mandating service of papers on atty.
Read a few case law snippets regarding failure to serve papers on atty.
d)
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.
e)
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.
f)
Scan docket and note
lack of proof of service of anything on that atty.
EARNIN'
g)
Swear out a jurat (enhanced affidavit)
in front of notary public attesting to some of these simple things.
h)
Appear at a hearing either
on zoom-like technology, or, in person
(in person not required but garners more votes than zoom)
i)
give us some relevant caselaw we don't yet have
on concepts on our concept list
Can be from any jurisdiction. Can be for or against our positions.
What’s the payback?
... Your time has value…
WE CAN OFFER
—Warm fuzzies because
you stood up and noticed
something, somewhere, was clearly amiss.
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)
(Currently poking around Philadelphia, upstate New York and Maine)
Gettin' the VOTES
MARU COUNTIN'
--? 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 referenced in.
--? 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 referenced in.
LYCEUM COUNTIN'
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
Prior activity at lyceum
(staff, performers, creative, etc…)
gets you votes
that vest with your 1st accepted jurat.
Votes defined at gowanagus.com
Rockin' & Rollin' the VOTES
BURNIN'
Blockchain voting record.
CHURNIN'
Transfer vote - TEMPORARILY to person/group/org
Transfer vote - PERMANENTLY to person/group/org
Convert votes to time spent for cause/NFP on our ever expanding list.
Return the vote by inactivity in tn voting.
Transfer vote - PERMANENTLY to person/group/org
Convert votes to time spent for cause/NFP on our ever expanding list.
Return the vote by inactivity in tn voting.