ORAL ARGUMENT : Appellate Division 2 (happened 9/6/2018) and Kings Supreme (Scheduled - 3rd time 10/5/2018)

AD2
Nimrod Greystone developers ARE profiting as a consequence of a violation of subject matter jurisdiction by the state court.
CPLR 3215C(paraphrased): If more than 365 days between Event A and Event B and there was no excuse offered in Event B why there was more than 365 days, any action by the court in furtherance of Event B is invalid and illegal, including the sale of the Lyceum to Greystone.

Kings Supreme
  • --Did the Forecloser fail to serve ANY papers during case on Attorney for Defendants?
  • --Did the Forecloser fail to serve papers as mandated by the court at least 30 days prior to sale?
  • --Did the Forecloser notice Defendants in March 2011 of a hearing in April 2001? (yup, stupid, ain't it?)
  • --Did the Forecloser fail to file the document starting Defendant's time to answer? (yup, double plus stupid)
  • --Will court violate Article VI of the New York State Constitution by refusing to provide a court reporter?

CASES, LAWS AND BASIC LOGICS THAT MATTER

Salmon P. Chase said : 'Without jurisdiction the court cannot proceed at all in any cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause. And this is not less clear upon authority than upon principle.'

If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed.'

The City On The Edge Of Forever - Season 1 Episode 28 - 1967 - Saving Edith Keeler, a movement of a body 12 inches changes all of Star Trek history.

'Tis strange, — but true; for truth is always strange; Stranger than fiction. - according to SCOTUS Judge Sandra Day O'Connor

No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it.


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Was foreclosure abandoned and can a judge use facts not on the record to justify a decision after the fact? - MORE
Fighting for procedural due process and the arts Jurisdiction Lost -

Two and a half years we have been awaiting oral argument that has been fully briefed since December 2015.

That is a really long time to wait for appellate review on a simple issue.

CPLR 3215C

There must be a dispute before the court at all times.  Sounds simple, and it is.

It is so simple it is a basic tenet of the judicial system our forefathers implemented more than two centuries ago.

If one does not allege a dispute when filing the initiating papers, the power of the court is never invoked.  Simple enough.

It gets interesting when the dispute goes away during the case.

The plaintiff and the defendant could settle the case stripping the dispute and jurisdiction would go away.

The plaintiff could withdraw the complaint stripping the dispute and jurisdiction would go away.

Another way, although not the last possible way, was implemented by the New York State Legislature under CPLR 3215c where the legislature codified what circumstances of inaction are tantamount to a passive withdrawal, failing to seek a default judgment within 365 days of default.

Yup, the plaintiff can sit on its hands for 365 days after you have passed that time allotted to you to respond in some fashion to the complaint.

On the 365th day, the complaint ceases to exist and the court no longer has any power over the parties.

The history of the statute seems to go all the way back to 1869 as it mirrors the Supreme Court Case of Ex Parte Mccardle.

That decision references THE basic tenet of jurisdiction. No dispute=No Jurisdiction.

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LAST REVISION -- July 26, 2017 - MORE
Is it really all that much to ask the courts to follow the law and the DA/US Attorney to prosecute violators of laws? OVERVIEW -

The Brooklyn Lyceum started out as the brainchild of the Boro of Brooklyn and architect Raymond Francis Almirall.

The Lyceum/Public Bath opened on January 1, 1910 sporting a large indoor pool and showers for hundreds of locals without hot plumbing (they were cold water flats).

More to come ...


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