jafomaru - a little sunlight is best disinfectant

jafomaru / brooklynlyceum / gowanagus

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
  Simple things to do to help the Lyceum due process cause:
  All roads lead to impermissable Decision On No Notice (DONN)
  
  --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--
  --Notarize/Send Affidavit
  
  --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
CONTACTFB, Twitter, E-mail
- Add my email please! Contact jafomaru.com
DONNDecision On No Notice
- TL/DR: After Plaintiff MISLED the court that ...
  multiple defendants did not have an attorney to obtain decision,
  an attorney upon whom the Plaintiff failed to serve the Notice of Motion
  
  Plaintiff three years later swore otherwise to defend decision ...
  with lower/appellate courts necessarily finding:
  Defendant appearance by attorney to validate that decision.
  
  If appearance by atty 15 months prior to 1st motion in case ...
  was the notice of 1st motion (or any paper) served on that atty (as required by statute)?
  
  If not,
  --court never empowered to rule on motion (lacked jurisdiction), and,
  --no rights vest from such a decision, and,
  --no deadline, aka Statute of Limitations, to vacate such a decision.
  --absent participation in motion, impossible to waive jurisdiction.
  
  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.
  
  Roadmap to Judicial Order on No Notice (JONONO):
  
  Lower Court (Judge Donald Scott Kurtz): -A-rendered an order premised, unwittingly,
  on Plaintiff's sly failure to inform court
  that multiple defendants had appeared by attorney
  and that the Plaintiff had failed to serve motion papers on that attorney.
  -B-ruled Lyceum (Defendant) later moved too late to allege Kurtz made decision Kurtz was prohibited by law from making
  by moving after very same decision Kurtz was prohibited by law from making.
  -C-ruled Plaintiff timely moved by incorporating documents (atty communications) not on docket
  that Plaintiff attorney withheld from court for some 36 months,
  until they were helpful in showing what they previously swore did not exist (Lyceum appearance by atty) ... existed.
  
  (after stating at oral argument that "the 2nd Department has an excellent reputation" and "we will get to the bottom of it") Appellate Court (Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix and Valerie Brathwaite Nelson): -1-Couldn't stomach B, so they ruled, counter to decades of caselaw,
  that Lyceum moved too late by moving after entry of subsequent "final" judgment notwithstanding that the motion (Oct 17, 2012) acually came before entry of the judgment (Oct. 26, 2012.)
  We still haven't figured out why court made up, and refused to correct, that fact, that Oct 17 comes AFTER Oct 26.
  -2-Rubber stamped C by making ruling that Plaintiff timely moved, without doing the datemath,
  a ruling only possible if the Appellate Court necessarily incorporated same withheld from the court attorney communications (Lyceum appearance by atty).
  
  2021-
PALADINSheroic 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.
DENIZENSBenefit 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.
MEHWhy 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.
GOTCHASWhat 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.
NEXTThe 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.

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