jafomaru - a little sunlight is best disinfectant

jafomaru / brooklynlyceum / decisionary / gowanagus / art-ocracy

ABOUTjafomaru
- JAFOMARU
  
  --JAFO: Just Another F--king Observer (necessary, sometimes unwelcome, system observers)
  
  -- MARU, either a Ship or Circle in Japanese. Also, unwinnable situation won by resetting the rules by Captain James T. Kirk - Star Trek: TOS (Kobayashi Maru).
  
  -- help others ensure procedural due process by focused attention to remove friction from the legal system for those who represent themselves.
  -- help collect procedural due process laws, case-law and papers in a place where the self represented can research before it is too late in their case.
  -- help observe at key junctures to make self represented not be ignored.
  -- let the courts know you a have a functional brainstem.
  ... System Observers because : A watched court more likely to do its job.
  --unwatched systems tend towards abuse, watched towards accountability-- JafoMaru.com
CONTACTFB, Twitter, E-mail
- Add my email please! Contact jafomaru.com
JAFOMARU - APPBe the sunshine!
- LOOKING FOR A FEW SMART PEOPLE …
  WITH AFFINITY FOR THE ARTS! 🎭 AND JUSTICE
  
  The Brooklyn Lyceum—a vibrant cultural hub (theater, cafe, gym) in Park Slope/Gowanus (1995-2014)—was snuffed out by judicial nonsense: Appellate court panel, 4 judges with 120+ years of legal experience, ruled October 19 comes *AFTER* October 26? 🤦‍♂️ That's not math, that's criminal malfeasance!
  
  Don't believe us? Here are two things that nail the issue.
  We're fighting back with public sunshine.
  
  The appellate court couldn't completely slam the door without making shit up, so clerk of the court Darrel Joseph and presiding judge Hector Lasalle instructed us to put in a motion, —now's a chance to save this Brooklyn stage (or create an itinerant proxy)!
  
  Want to get an invite to the beta app for JafoMaru where you can submit an e-signed affirmation,
  or configure an affirmation you can download needing only a signature,
  or configure an affidavit that needs your signature and to be notarized?
  
  Be the sunshine: Become a JAFO (Just Another F—ing Observer) in our MARU.
  
  Send us a message HERE ...
  ... get email link to the beta android app (not currently available on google play store).
  ... there you can see the malfeasance ... and say something about it
  ... thereby earning votes in curating whatever comes next.
JONONOJudicial Order on No Notice
- BASIC... WORK IN PROGRESS
  
  Judicial Order on NO NOTICE
  
  BASIC... WORK IN PROGRESS
  
  EITHER: Case is statutorily abandoned:
  based on record the Plaintiff alone provided to the court ...
  at time of 1st motion in case, some 18 months after service of complaint...
  no interaction at all w/ Defendant Lyceum or its attorney.
  (Basis of appeal ... and blazingly clear from record on appeal)
  OR: Court had no authority to rule:
  absent any documentation on record whatsoever that Plaintiff served Lyceum attorney,
  the attorney the Plaintiff failed to tell the court of when filing first motion,
  the interactions with whom would have made case not abandoned.
  documents not served include: Notice of Motion & Request for Judicial Intervention.
  (Raised during oral argument on appeal... and blazingly clear from record on appeal)
  THE STUNNINGLY BAAAD APPEAL DECISION
  4 judges w/ 100+ years legal experience find, & refuse to correct, w/o citing to any facts
  19 is more than 26 -and- Plaintiff timely moved, impossible if Lyceum attorney not served.
  without addressing what was raised at oral argument,
  & shown by the lack of proof of service on Lyceum attorney in the record on appeal, or any record, that Plaintiff did not serve papers on Lyceum Attorney,
  Yup : 19> 26 .... and not serving opposing counsel is a timely act.
  ALSO: Clerk of the Court, MIT grad and lawyer Darrel Joseph, after 2 meetings on the issues, refused to take issues to presiding judge, Hector Lasalle, or to take complaint to last judge standing from panel, current Chair of the Unified Court System’s Ethics Commission: VALERIE BRATHWAITE NELSON.
  FWIW:Plaintiff atty Glenn P. Warmuth, VP Suffolk Bar Assn., has repeatedly refused to setup meetings with client, David Topping.
  MAKE SOME NOISE: jafomaru.com/noise
  EXERCISE THE VOTE: gowanagus.com/vote
  
  Where we are: Judicial Order on 1st motion in case
  on no notice to attorney
  who lower/appellate courts found had appeared by way of
  --two written extensions of time to answer,
  --multiple oral extensions of time to answer and
  --service of answer on Plaintiff atty.
  --rejection of same answer by Plaintif atty.
  
  PALADINS - heroic due process warriors
  
  Procedural due process violations stick in your craw?
  Become procedural due process Paladin!!
  
  6 Easy Pieces
  
  READ!---THINK!
  
  ...gain understanding...
  
  STEP 1
  
  read layman's roadmap to Judicial Order on No Notice (JONONO) to Defendant (Lyceum) attorney.
  
  STEP 2
  
  read short summary of common law v. statute &
  common law (informal) appearance v. statutory appearance in New York
  
  STEP 3
  
  read short summary of statute on requirement to serve atty all papers
  & of failure to serve atty notice failing to invoke power of the court.
  
  STEP 4
  
  read short summary of how failure to invoke power of the court:
  ---never empowers court to rule on the motion
  ---vests no rights
  ---creates no deadline, aka Statute of Limitations, to vacate (overturn) such a decision.
  
  STEP 5
  
  READ:
  ---portion of Request for Judicial Intervention (RJI) that Plaintiff slyly leaves the spot for opposing counsel blank.
  ---portion of plaintiff atty sworn statement (in support of motion)
  not informing court that parties have appeared by attorney
  when slyly stating:
  "that all parties had either not appeared or, having appeared, failed to answer and their time to do so had expired."
  ---portion of lower court decision premised on that Plaintiff atty sworn statement.
  ---portion of subsequent plaintiff atty sworn statement swearing no communication whatsoever with any Defendant
  ---portion of subsequent plaintiff atty swearing communication between plaintiff atty and Defendant atty.
  (extensions of time to answer complaint and answer served on plaintiff atty and rejection of answer)
  ---1 page extension of time to answer submitted by plaintiff atty to show plaintiff did not abandon case.
  ---portion of subsequent decision premised upon atty communications prior to 1st motion of the case.
  ---proof of service of motion NOT on Defendant (Lyceum) attorney.
  
  STEP 6
  
  Think: if plaintiff now swears plaintiff granted extension of time to answer to atty for Defendant Lyceum but proof of service of motion does not show sevice on that atty, how can decision on that un-served motion stand?
  
  6 Not So Easy Pieces
  
  ACT!---APPEAR!
  
  ...earn/use/transfer cultural programming votes...
  {or trade in those votes for time or cash for a cause}
  
  STEP 1
  
  choose / edit / notarize / send affidavit
  (? votes when accepted, ? vote each time submitted to any court by Lyceum until decision overturned)
  
  STEP 2
  
  1st to submit a case, from any jurisdiction, supporting (or contradicting) one of the following points ( ? vote ):
  ---Failure to serve attorney never invokes power of the court
  ---decisions made without invoking power of the court vest no rights
  ---decisions made without invoking power of the court create no deadline, aka Statute of Limitations, to vacate such a decision
  
  after having submitted an accepted affidavit:
  which vests votes from steps 1 and 2 as well as subsequently earned votes (3-6).
  
  STEP 3
  
  ... appear live at hearing (? votes)
  .... appear zoomlike at hearing (? votes)
  .... appear live at event (? votes)
  donate to swaslu.com (coffee business) - ? vote per $?
  can draw down as coffee (?% discount)
  
  STEP 4
  
  convert former lyceum sweat equity to votes
  
  STEP 5
  
  convert remaining votes to time or $$$ for a cause.
  
  Too much time - effort - thinking:
  
  STEP 6
  
  I dont want to vote on programming, don't want to give indirectly to a cause and dont like coffee, i just want to help you offset costs incurred till the decision is overturned
  because PROCEDURAL DUE PROCESS MATTERS!!.
  
  WHAT DO WE GET IN RETURN?
  
  Well, a warm fuzzy feeling is not enough. So ...
  
  Prove your work ...
  
  ... to Earn your votes!
  
  YOU:
  
  READ!
  
  THINK!
  
  ACT!
  
  APPEAR!
  
  WE:
  
  ADD UP VOTES!
  
  IMPLEMENT VOTING SYSTEM!
  
  A VOTING SYSTEM THAT ALLOWS FOR ....
  
  -- voting for events/acts at the Brooklyn Lyceum (or any proxy Lyceum), and
  -- temporary (or permanent) transfer of voting rights, and
  -- conversion of votes to future time spent and/or $ for another cause you prefer, and
  -- former Lyceum participants to garner extra votes for past Lyceum service!
  
  Since theorizing proof of work for votes in programming an arts facility
  
  it has been noted that what people are really doing is ensuring procedural due process and that the voting ought, also, be used to help others get procedural due process.
  
  The Lyceum may not be what floats everyone's long term boats.
  
  Exchange Programming votes for either hours of time or dollars for a cause you choose from our ever-expanding list.
  
  Have us help someone else once you help us and we come up for air,
  
  a procedural due process paying it forward!
  
  In addition to Lyceum programming votes, you get votes in directing the procedural due process engine jafomaru.com
  
  those votes can also help choose litigants to help and how to help them get procedural due process using a library arsenal of procedural due process information built from Brooklyn Lyceum experiences and any other sources we can scrounge.
  
  DENIZENS - Benefit from prior efforts
  
  Former Lyceum denizens
  
  ... garner extra votes for prior participation that vest with 1st JAFO jurat ...
  
  WHAT U DID : WHAT U GET
  
  CULTURE WARRIORS: - JAFOS who MARU
  tentative (subject to change)
  
  If you
  
  pulled espressos
  
  swept floors
  
  threw down time
  
  advised
  
  invested
  
  booked
  
  produced
  
  designed
  
  performed
  
  at the Brooklyn Lyceum,
  you get a vote bonus
  based on the Lyceum involvement in the past
  to be added to the first accepted jurat
  as a Due Process Warrior (JAFO who MARUS)!
  
  LYCEUM CREWE = ? / participatory month.
  
  EVENT/FESTIVAL/MARKET/CONVENTION (EFMC) PRODUCER ENTITY.
  PARTNER (?), RENTAL(?), IN HOUSE PRODUCTION (?) / week of run.
  
  EFMC CREATIVE = ? / week of run.
  
  EFMC CREWE /PERFORMER = ? / performance
  
  FESTIVAL/MARKET/CONVENTION TABLER = ? / table day
  
  FESTIVAL ENTRY - LIVE = ? / festival performer/event day
  
  FESTIVAL ENTRY - NOT LIVE = ? / festival
  
  EVENT PERFORMER = ? per each day of performing
  
  CLASS = ? / rental date
  
  ADVISOR/INVESTOR = case by case offer from Lyceum.
  
  MEH - Why does this matter?
  
  MEH, WHY DOES THAT MATTER?:
  because procedural due process matters... duh!
  
  Power of the court MUST be invoked
  
  by proper procedure
  
  else decisions the court makes
  
  never attain any authority,
  even if perceived to have authority for decades.
  see United States v. Lee, 106 U.S. 196 (1882)
  USA had to rebuy Arlington National Cemetery
  18 years after it became a cemetery ... for lack of proper procedure.
  
  Only proper service of the complaint
  
  invokes the power of the court.
  
  As a motion is a mini-case
  
  improper or lack of service of the notice of motion on the parties
  or facial insufficiency of the notice of motion fail to invoke the power of the court.
  
  GOTCHAS - What are they?
  
  OK, WHAT ARE THE GOTCHAS?:
  
  Participation, on the merits, in motion
  w/o raising lack of procedural due process
  
  can waive lack of procedural due process.
  (did not happen, so unwaived)
  
  Defendant forwarding papers
  inappropriately served on Defendant to Defendant atty.
  
  can waive lack of procedural due process.
  (did not happen, so unwaived)
  
  Attorney appearing at oral argument
  w/out arguing lack of procedural due process
  
  can waive lack of procedural due process.
  (did not happen, so unwaived)
  
  Attorney serving opposition papers
  w/out arguing lack of procedural due process
  
  can waive lack of procedural due process.
  (did not happen, so unwaived)
  
  Passage of time, even decades
  
  cannot waive lack of procedural due process.
  
  Facially, fatally defective notice of motion
  absent waiver of fatal facial defects ...
  
  cannot invoke the power of the court.
  
  NEXT - The battle continues ...
  
  NEXT?
  
  We are starting to prepare
  a motion to undo 1st order in the case:
  an illegal order on no notice to Lyceum atty.
  
  This will NECESSARILY require vacating the foreclosure sale
  of the Brooklyn Lyceum.
LyceumDue Process
- BASIC... WORK IN PROGRESS
  
  LowDown - 2 simple things lead to ... a new Brooklyn Lyceum
  
  as the procedural due process legal swamp settles:
  
  All litigants are entitled to .... --#1 Basic 5th grader math skills
  from 4 appellate court judges
  w/ 140 years of combined legal experience.
  --#2 Those same judges addressing,
  after it being brought to their attention
  at oral argument, the utter failure of Plaintiff
  to serve any papers on Lyceum attorney,
  not finding what is impossible if they did so,
  that the Plaintiff timely moved.
  
  HELP US pre-program the return of a
  PROCEDURAL DUE PROCESS DEPRIVED Brooklyn theater.
  
  If you think, like us, this is utterly ridiculous,
  Help us as we take action to undo this situation.
  
  NEXT: KNOWDOWN to prepare for Procedural Due Process THROWDOWN/SHOWDOWN!
  
  KnowDown ---- Basic math and basic logic ...
  
  THE GOOD FIGHT : PROCEDURAL DUE PROCESS
  
  --Appellate Court, 4 judge panel w/ 140 years combined legal experience,
  slyly made a finding that the Brooklyn Lyceum moved too late
  because the Lyceum's motion, A (served/entered/argued on Oct 17/19/22),
  came AFTER the ENTRY of Judgment of Foreclosure, B (entered Oct 26)
  without ever citing the entry dates of the motion and the Judgment
  (whose entry date does not exist anywhere in the record on appeal).
  
  This is utter horseshit because the standard in New York
  ALWAYS starts and ends with NOTICE OF ENTRY, not just ENTRY.
  Also horseshit because:
  the motion (A) is datetime stamped AFTER the Judgment (B), not before.
  
  By making a finding premised on a bullshit standard
  and factually incorrect even with the bullshit standard,
  you have to wonder, who wrote this decision, why,
  and why it took four months to come up with the bullshit finding?
  
  -- Same court, same ruling, found, with no proof cited,
  that Plaintiff timely moved the 1st motion in case,
  despite the Lyceum raising the failure to serve Lyceum attorney
  at oral argument on appeal before the 4 judges,
  again without citing the dates of any actions or documents.
  
  Bullshit finding that a motion never served on Lyceum attorney
  is timely, or even done at all.
  ThrowDown --- Make noise with us ...
  Club JAFO: Send in affirmation along lines as decribed below. Get a curatorial vote.
  Club MARU: We use any affirmation in court filing. First use of any affirmation gets you another curatorial vote.
  Club JafoMaru: Appear at a JafoMaru Function. More votes based on what the action is.
  prior thoughts on THROWDOWN
  
  --A) READ STATUTE--requiring service of all papers on attorneys.
  --B) READ SHORT TREATISES--
  -- common law v. statute,
  --common law (informal) appearance v. statutory appearance
  --C) READ CASELAW--
  --showing failure to serve attorney never invokes power of the court, vests no rights and has no deadline (statute of limitations) to vacate the decision
  
  --showing informal appearance valid as appearance.
  
  --showing extension of time to answer and service of answer are informal appearances
  
  --D) READ DOCKET--
  --Note that a Plaintiff attorney affirmation swearing no appearance by any Defendant dated ... is attached to a notice of motion dated ... and entered ....
  
  --Note motion decision premised on that affirmation.
  
  --Note date of same attorney affirmation three years later swearing otherwise ... that Plaintiff attorney granted Defendant attorney two extensions of time, multiple oral extensions of time and that Plaintiff rejected Defendant answer back to Defendant Lyceum's attorney.
  
  --Note dates of extensions and service and rejection of answer are prior to date of previous sworn statement of no appearance in support of earlier motion.
  
  --Note same judge premising decision on extensions of time to Defendant Lyceum's attorney.
  
  --Note proofs of service of 1st motion are not on Defendant Lyceum's attorney
  
  --E) ACT--
  --Send Affirmation or notarized Affidavit or notarized Jurat
  
  --Submit caselaw from any jurisdiction (for or against our position)
  
  --Appear live or zoomlike at a hearing
  
  --Appear at event
  
  --F) VOTE ON--
  --Events Lyceum or proxy Lyceum .
  
  --Assisting Other procedural due process cases.
  
  GOWANAGUS.COM
  ShowDown --- Math and Logic and Noise for a new Lyceum!
  BASICS: We need to attack some decisions with some pretty specific arguments that the court exceeded its authority in acting, or had no authority whatsoever, largely due to lack of notice.
  
  ON THE HORIZON:
  With the help of some amount of the populace chiming in with brainstem sunlight, sunlight being the best disinfectant, these are a list of the options we think may be viable:
  1. Motion to reargue appellate panel of 4 judges with 140 years experience finding 17 or 19 or 22 > 26
  2. Motion to reargue appellate panel of 4 judges with 140 years experience failing to address what was raised at oral argumentand clear from the record on appeal, that Plaintiff failed to serve notice of motion on known to Plaintiff attorney for multiple defendants, rendering failure to respond to m otion or appear at oral argument irrelevant.
  3. Motion to appellate court as is allowed when lower court signs an order on no notice,
    failure to serve attorney being no notice.
  4. Motion to appellate court for clarification of exactly how it got Lyceum moved too late.

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