Heads - Arts Wins ...
Tails Developers Lose ... but Brooklyn? - Lyceum will return, If due process has any meaning at all. - MORE
Judicial Avoidance -

(blue & red  bold tabs = overview, the rest = devilish details).

After a decade, the courts stopped kicking the Brooklyn Lyceum Foreclosure can down the judicial road and made a finding that threatens to make a mockery of due process, precedent, statute and common sense. 

The ramifications of the contradictory court choices are unavoidable.  

In order to avoid finding for the Brooklyn Lyceum and to avoid calling out the lower court judge (Judge Donald Scott Kurtz, up for re-election 11/5/2019) for failing to do what a statute required, the appellate court (Judge Reinaldo Rivera, up for re-election 11/5/2019) made up a fact and doubled down on the lower court going outside the record, creating a situation wherein a plaintiff obtained a judgement upon swearing no appearance by the Lyceum and, when that judgment was challenged, obtaining a validation of that judgment premised upon the Plaintiff swearing the Lyceum appeared.

Judicial Wave-Particle duality, indeed! 

In addition, the appellate court ignored its own recent precedent of ensuring that no harm is done to a party when the court retroactively alters the record for another party.

The retroactively altering the record also retroactively invoked some due process requirements the Plaintiff utterly failed to meet, requirements the appellate court failed to address.

The inconvenient fact, addressed in detail  further on, is that due process violations fail to invoke the power f the court, and, due to that, there is no statute of limitations to address them.

What follows is why we keep fighting, like many others in life, because we are right.

Benjamin Ferencz: And I'm still in there fighting. And you know what keeps me going? I know I'm right.

========

The higher court (Judge Reinaldo Rivera, up for re-election November 5, 2019) has avoided, at all costs, calling out a state court judge (Judge Donald Scott Kurtz, up for re-election November 5, 2019) violation of a non-discretionary statute, AND  Judge Reinaldo Rivera

  • --made up a fact to decide the case,  and
  • --doubled down by citing a never cited before not-on-point case rather than citing his own 120+ times directly-on-point case, and 
  • --went outside the record to benefit a developer by retroactively changing the past for the benefit of that developer absent the requisite analysis of whether that retro-active changing of the past invoked any unmet procedural requirements, of which there are several, and
  • --by that retroactive alteration of the past, making necessary Plaintiff documents perjury or, again, retroactively, waived Plaintiff attorney perjury.

The same appellate court has opined that "old law is good law" while ignoring a few SCOTUS granddaddies, U.S. v. Lee (Judges are creatures of the law and jurisdiction is forever) and Ex parte Mccardle (a court that loses jurisdiction it once had must admit it and dismiss the case).

In the end, one question determines what is required of the court, but even that question does not substantively alter the required outcome, the sale of the Brooklyn Lyceum must be vacated as the power of the court to authorize its sale was never invoked.

================================

Did the Brooklyn Lyceum appear in the case or did the Brooklyn Lyceum not appear in the case?

Brookyln Lyceum Maru
Lyceum Maru - or, you only get the rights you fight for ... - MORE
Worse than Kobayashi Maru -
OR Captain Kirk wold 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 in battle or lose a freighter (the Kobayashi Maru) in the Neutral Zone.

That was a situation no one could win. In Brooklyn Courts we have a worse situation, judges choosing who wins and putting their thumbs on the scale to "make it so" with different decisions for the same conceptual fact pattern.

The Brooklyn Lyceum, aka Public Bath #7 (designed by Raymond Francis Almirall), a community fixture for 20 years as a theater, cafe and sometimes gym/batting cage, needs your help.

The way is CLEAR and CERTAIN for the BROOKLYN LYCEUM, but can be shortened tremendously with a little help from some friends, be they ARTISTS, LOCALS, ARTS ORGANIZATIONS or PEOPLE / ORGANIZATIONS (Brooklyn or otherwise) who think the rule of law and due process are good things, things the NYS Supreme Court and the Appellate Courts must follow, and that the Appellate Court should not be in the business of suborning perjury or making up facts.

Quite simply, we had/have four slam dunk due process related appeals, waited forever to be heard, more than 2.5 years, and the Appellate Court actually lied at oral argument, failed to address jurisdictional arguments legally raised at oral argument, made up facts (19 > 26), altered our appeal brief, ignored dealing with an inconvenient fact (45> 30) and retroactively altered perjury away for the Plaintiff in order to avoid the lower court being "dunked on" while failing to prevent harm to another party by such altering away perjury (analogous to the hippocratic oath doctors take).

With a little help from some friends, we may be able to resurrect the rule of law and due process, if even for a little while.

Pay it forward: Read, review, sign and send affidavit.  Maybe an hour of your life.  Maybe two.

By doing so you get some say in future BROOKLYN LYCEUM programming, or, if that is not does not do it for you, we offer a few other options for your time.

More info below, but the process by which we seek your eyes, ears, higher order brain functions and body will be managed by jafomaru.com, which handles bringing attention to systems run awry, and voting by gowanagus.com, our programming arm.

>>>> Don't be scared, just :

  1. --learn simple rules about Jurisdiction in the next few tabs,
  2. --read about what went down,
  3. --watch a few snippets of oral argument videos wherein the court says what it later ignores.
  4. --watch/listen to parts of an oral argument where in jurisdiction is raised,
  5. --watch/listen to parts of an oral argument where the court asks the other side what it says to the jurisdictional arguments.
  6. --look at 5 pages (3 of substance, 2 of header/footer) of decision for failure to address arguments raised and
  7. --look at the timing of a few docket items
  8. --review and not timing of a few dispositive docket items. 

AFFIDAVITS: 

  • --SIGN and SEND an affidavit (we provide a boilerplate).
  • --That is one affidavit to sign and send.  That one and others, as they become relevant, are posted on JafoMaru.com.

APPEARANCES: On occasion, anyone who has done at least one affidavit can get more votes by appearing in court for a hearing or event as requested by us.

OUR WAYS OF THANKS: VOTES

  • --An accepted affidavit (needs to contain the things in the boilerplate or words to that effect, subject to our approval) gets you ten (10) votes.
  • --Every time we use the affidavit in court filings, you get an extra vote.
  • --Every time you appear at a hearing / event as requested you get twenty (20) votes.
  • --*** Former Lyceum Minions: If you setup for markets or crafted espresso drinks or ran the batting cage or booked jazz ... for the Brooklyn Lyceum, you get a vote for each month of service in the Lyceum Coal Mines of Art.  Those votes are in addition to at least one affidavit which vests all votes. Contact us at mailto:gowanagus@gmail.com with details of your service and we will figure out the allocated votes.

OUR WAY OF THANKS: NOT FOR PROFIT / CAUSE WORK:  If participating in Brooklyn Lyceum Programming is not your style, for whatever reason, we are crafting a list of places/causes to which the votes can be converted to work, after the Brooklyn Lyceum.

You get the votes when the Brooklyn Lyceum is successful and you can transition to the cause any time by donating the votes back to the BROOKLYN LYCEUM.

Examples to be expanded upon by suggestion and approval by the BROOKLYN LYCEUM:

  • OUR WAY OF THANKS: PLAYING IT FORWARD:  As soon as we are alerted to a judge who ignores the requisite rules, his recent case history should be reviewed and a scorecard kept.  That scorecard should be made available to the nominating organization and the general public significantly before election and in time to matter prior to nomination.

  • AD2 MARU : The same court that has us improperly blockaded. New York Supreme Court, Appellate Division, Second Department (AD2) has, for  the first time, oral arguments available online.  We seek to watch all oral arguments for a calendar year (2018), take notes and predict a decision based on the notes and video.  We then look at the decision (which comes out 2-4 months later) and see if the courts follow the science of procedure properly.  If not, we dig into the actual papers presented to the appellate court in a deep dive of sorts. 

  • FELINE INFECTIOUS PERITONITIS (FIP): The Brooklyn Lyceum lost an adopted feral kitten (EMMA) to this insidious, and as yet incurable, disease.  The vet who treated EMMA told us that it was an epidemic in Brooklyn for a variety of reasons.  While there is no known treatment, this would go to help research on FIP.

WHAT HAS GONE BEFORE: You can see our ever growing list of prior activities/performers in the story labelled : what has gone before (and you can get an extra vote if you can name a performance  event (either name a one day event or a multiple day event or run)).

WHAT MAY COME AGAIN: You can see some of what is up our programming sleeve : what may come again.

NEXT STEP: DO THE LYCEUM MARU: https://jafomaru.com/wip/10091

MEANWHILE ...
as we fight for due process - we prepare for the return of the Brooklyn Lyceum - MORE
MARU, JAFO STYLE - NEW CONTENT
GOWANAGUS
Re-Programming the Brooklyn Lyceum. - Fighting the due process MARU it must and prepping to hit the swamp running. - MORE
Cliff Notes Version -
Gowanagus.com: Managing the vote of Due Process Warriors who now come to the aid of the Brooklyn Lyceum.

The Brooklyn Lyceum has had its due process rights savaged in court and is fighting the fight to correct those violations.   In short and simple terms, this is the problem:

  • --The primary premise is you can't use evidence you withheld from the court when seeking and obtaining a judgment to validate the judgment when that judgment is later challenged.

  • --The secondary premise is, if the court does accept such late evidence outside the record, that is a nun pro tunc action, a changing of history to be what the court feels it should have been.  And, that the court in nun pro tunc'ing of the past court must ensure that the other side is not procedurally harmed by the nun pro tunc changing of the past.  In this case, changing the past makes the affidavit upon which the judgment is premised perjury, and the court can have no part in perjury.  Thus the court should have, a la a now common Science Fiction theme (see Star Trek Voyager : Year of Hell), reset the timeline to the point of the change in history and let the case play out again from that point, just as the same court did weeks before in Fed. Sav. & Loan Assn. of Charleston v Tezzi 2018 NY Slip Op 05826 Decided on August 22, 2018 Appellate Division, Second Department.  

  • --The tertiary premise is that, if the court is gonna go outside the record and accept such late evidence, the court must ensure that the Plaintiff followed the due process procedural rules such evidence would have required.  In this case, not serving a non-appearing party is ok, not serving counsel for an appearing party is not ok, and is fatal to whatever was not noticed.

SUMMARY: If you got this far, you can see a legal storm a brewing and you might be a Due Process Warrior.

ROCKIN THE DUE PROCESS VOTE: The Brooklyn Lyceum is well aware that art spaces are hard to come by and harder to keep in operation, and that no man is an island.  To that end, the Lyceum has always worked with others to program the Lyceum.  It is no different now, save for the Lyceum has hundred of groups that have performed or taught or rented or held court at the Lyceum and thousands of performers that have performed at the Lyceum as probably the best pool of community arts knowledge in the entire country.

Since full-time programming was never the Lyceum founder's goal, what better way is there to thank those Due Process Warriors who now come to the aid of the Lyceum as well as those who have already crossed the Lyceum Cultural Threshold and become Due Process Warriors, than to invite those Due Process Warriors to determine the cultural future of the Lyceum?

what has gone before
a growing list - of past Brooklyn Lyceum events - MORE
Rando-Event - We will highlight a random Lyceum Event here that will change with each reload of the story page.
what may come again
old events make a comeback - some favorites and some things a bit ahead of their time - MORE
SwampKing -

A Ten Minute play festival for the ages.

Writers submit your ten minutes or less scripts.

If  deemed worthy, you will be summoned to where the swamp meets, and sometimes invades, the slope.

There you and your appointed crewe will perform your work for enjoyment ant review.


The Smee
Roving art show - like a pirate on the seven seas, The Smee Art Show is always on the move.
The Smee says ... make it so. -

Art makes us what we are, and, when it is ignored, takes away a part of what we could be.

Most importantly, art is often, no matter the talent or effort or time to make the piece, far too expensive for most of us.

Artist have to eat and so do the buyers.

What is usually the answer is for the artist to eschew exposure to the masses until they have reached great acclaim.

That road to fame is almost always fatal to the earnings of the artist, and to the career of the artist as well.

Enter The Smee, an art exhibit intending to get the art into the hands of a wider audience before that artist has become so famous the average joe cannot afford their art.

Some artists may choose not to participate having looked deep into their soul and finding the process lacking.

Other artists will seize the day and enter The Smee.

Make it so.

Brooklyn Lyceum Maru - Just Us?
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. - MORE
PREAMBLE -

Richard Pryor once had a bit about justice ...

"If you're {going downtown..}looking for justice, that's just what you'll find -- just us."

JUDGES

The rules that judges are required to follow aren't that hard, and, in New York, you need to be an attorney for 10 years before you can be elected a judge.

The decade of service rule should be one-pronged, ten years of experience and you probably know what due process is and what discretionary is, but probably has become a two-pronged rationale ... learn what to do when you don't have any preconceived opinion and how to do what you want to do when you have a preconceived opinion.

RULES

Those rules are defined by hundreds of years of caselaw (the "common law"), the United States and New York State Constitutions, the statutes that approximate the "common law", and decisions since the statutes that expand the statute to encompass, minimally, the "common law" it "replaced", save for places where the statute explicitly replaced, removed (such as the removal of common law marriage in New York  State), modified or even expanded the "common law" (such as motions to vacate).

But with regards to due process, that thing without which we are nothing, it is excruciatingly simple, NOTICE and OPPORTUNITY TO BE HEARD.

Anywhere Notice and Opportunity to be Heard are missing, the court never obtained the right to rule.

We have run into some stellar judges (Arthur Schack, Remy Smith), but most really beat up on the self represented by ignoring due process, and the beast that rears its head when due process is ignored/denied/violated, JURISDICTION, another spin on the court's right to rule.

ANY FOOL WITH A FUNCTIONAL BRAINSTEM CAN SEE

That something is amiss.

Simple laws, simple facts, simple caselaw and different decisions for the self represented than those represented by counsel show how skewed the system is, unwatched by non-parties.

Thus, JAFO MARU

Seeking to compel the judicial system to do what the rules require, whether it is convenient or not.

SWASLU
espesso the need? - SWASLU the speed! - MORE
Waiting since the Permian ... -

for a reason to get out of the muck.

SwampSlurry.com is that reason.

Where evolution failed us, your trilobite overlords, science and taste buds let you nouveau upstart species enjoy life (espresso) more than we did at the bottom of a mucky ocean eating all we bumped into until we developed the first eyes. Yes, the food tasted so bad we developed these multi-lens eyes to avoid things that taste like, well, scum.

Think FEED before FIGHT or FLIGHT.

Born in the aftermath of Hurricane Sandy when power was at a minimum, the SwampSlurry process extracts all it can, far more than the local super-barista can hope to pull in a busy shop with far too many variables to manage the process in any meaningful way.

SwaSlu hones in on Stealth Roasts, processes the roasts into shots and then flash cools them for later use preserving the vital taste characteristics for later use whether that use is at home, in cafes and restaurants, or on the road at markets and fairs.  Think of it as a wine cellar of espresso roasts.

Swaslu  (swaslu.com) is the roadshow.

JAFOMaru
System Observers - sunlight is the best disinfectant - MORE
A 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.

LONG VERSION

Maru stands for circle or ship in Japanese.

Maru is 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".

UnElecteds
When the system give you a lemon, return it! - Remove judges who ... are not smarter than a 5th grader - MORE
Political 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 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 ...

    BBC
  • --Census 2020: Trump pursues citizenship question without firm plan
  • --Ancient city of Babylon designated Unesco World Heritage Site
  • --Wrong Chicago family takes 'brother' off life support amid mistaken identity
    NEW YORK TIMES
  • --Trump Considering an Executive Order to Allow Citizenship Question on Census
  • --Two Years Into Trump’s Presidency, Obama Remains a Top Target for Criticism
  • --Trump Suggests Executive Order on Drug Prices, With a Scope That Is Unclear
    NPR
  • --Sudan's Ruling Military Junta Strike Power-Sharing Deal With Pro-Democracy Activists
  • --How Instex, Europe's Trade Channel With Iran, Will Work
  • --UNESCO Adds Ruins Of Ancient Babylon To Its List Of World Heritage Sites
    CHICAGO TRIBUNE
  • --Draft picks Coby White (17 points) and Daniel Gafford (21) lead the Bulls past the Lakers in their s
  • --3 injured in small plane crash in Illinois field, authorities say
  • --Families return to Navy Pier to try to reclaim strollers, other items abandoned in post-fireworks ch

Indie news of note ...

    CITY LIMITS
  • --Housing Update: Tenant Blacklist Ban, Sewage in the Gowanus, Facebook Investigated For Housing Discr
  • --Max & Murphy: Reynoso Sizes Up Bushwick’s Past, Present & Future
  • --Max & Murphy: The State of NYC’s Civil Liberties in 2019
    SAN FRANCISCO PUBLIC PRESS
  • --New State Law Pits Privacy Against Free Speech, Public Records and Data Brokers
  • --How We Tracked Down the Information to Answer Questions About Tenant Complaints
  • --City Takes Step That Could Expand Housing on the Westside
    BALTIMORE BREW
  • --How a bungled Baltimore bike lane disrupted Artscape and disappointed bike advocates
  • --Lifting a glass to the Evening Sun Newsboys and the Capital Gazette staffers
  • --Johns Hopkins police plan protested as bill takes effect
    HIDDEN CITY PHILADELPHIA
  • --Summer Break
  • --Rare Collection Of Early American Flags Explores The Evolution Of Old Glory
  • --Developer Targets Asian Shopping Center In Next Battle For Washington Avenue

Science feeds of note ...

    REDDIT - SCIENCE
  • --Adult ADHD symptoms may lead to hypersexuality (now called Compulsive Sexual Behavior Disorder) amon
  • --Bladder cancer infected and eliminated by a strain of the common cold virus, suggests a new study, w
  • --Algorithm analyzes relationships among words in 3.3. million materials-science abstracts; predicts d
    POPULAR SCIENCE
  • --We might finally know how the first black holes formed
  • --The Fujifilm Instax Mini LiPlay is an instant film camera that records sound
  • --This killer belt of seaweed stretches all the way across the Atlantic
    PHYS.ORG
  • --A deadly fungus is killing millions of bats in the U.S. Now it's in California
  • --Tech jobs soar to all-time record heights in Bay Area
  • --July 4th earthquake won't delay the Big One. And it might have worsened quake strain
    SLASHDOT
  • --Tor Project To Fix Bug Used For DDoS Attacks On Onion Sites For Years
  • --Waymo Can Now Shuttle Passengers In Its Self-Driving Cars In California
  • --Almost a Third of World's Top VPNs Are Secretly Owned By Chinese Firms, Study Finds

Evolution feeds of note ...

    FRONTIERS IN
  • --Does Long-Term Selection for Development Time Result in Canalization: A Test Using Drosophila melano
  • --A Toggle-Switch and a Feed-Forward Loop Engage in the Control of the Drosophila Retinal Determinatio
  • --Phenotypic Plasticity, Developmental Instability, and Robustness: The Concepts and How They Are Conn
    NYTIMES:EVOLUTION
  • --Frances Arnold Turns Microbes Into Living Factories
  • --The Benevolent Power of Other People
  • --Why Is This Ostrich Wearing an Extra Set of Wings?
    CELL.COM
  • --The DNA around Us
  • --Evidence Is Key for Effective Biodiversity Communication
  • --Improving Environmental Interventions by Understanding Information Flows
    NATURE.COM
  • --Queer voices in palaeontology
  • --Synchronised nesting aggregations are associated with enhanced capacity for extended embryonic arres
  • --An unexpected genetic diversity pattern and a complex demographic history of a rare medicinal herb,

Espresso feeds of note ...

    REDDIT COFFEE
  • --Any budget brewers out there? Looking to do the best I can with the money I have.
  • --I'm an Aussie tourist in Seattle. Looking for a decent blend to aeropress on my travels. Any suggest
  • --[MOD] What have you been brewing this week?/ Coffee bean recommendations
    PERFECT DAILY FEED
  • --How to Include Non-Dairy Milks in Your Coffee Shop Menu
  • --Velocidad Del Tambor de La Tostadora: ¿Cómo Afecta al Café?
  • --Regresando a Las Raíces Del Café en Moka, Yemen
    COFFEETOGRAPHER
  • --Eight Things in Coffee and Culture To Do This July.
  • --music.: A New York Mixtape ‘Brighten The Gloom’
  • --coffee.: Coffee Project’s Cappuccino Goes Well.
    I NEED COFFEE
  • --My Coffee Tis of Thee: America’s Patriotic Coffee History
  • --Costa Rica Coffee History
  • --Lola’s Iced Chocolate Espresso