the BROOKLYN LYCEUM : a once and future theater

(if due process has any meaning whatsoever)

needs eyes, brainstems and bodies


  • to do what Judge Donald Scott Kurtz should have done:

    (dismiss case as abandoned, based on record before the court), or,

  • to do what the court must now do:

    (unwind every decision in the case for failure to serve any papers on Lyceum attorney)

    given that Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix and Valerie Brathwaite Nelson :

    • -- Found October 17, 2012 came after October 26, 2012.
    • -- Altered the docket/record to insert appearance by Lyceum attorney that Plaintiff attorney withheld from court (kept from the record) at the time of the initial motion in the case.

with votes garnered in helping to ensure Due Process for Brooklyn Theater!!

Brooklyn Lyceum fate
now rests on a few 5th grade level questions.

  • -- Did Defendants Lyceum/ Richmond appear prior to the 1st motion in the case? (YES)

  • -- Was appearance by counsel?(YES)

  • -- Did Plaintiff inform the court, in 1st motion papers, of that appearance Counsel?(NO)

  • -- Did Plaintiff serve initial motion on that Counsel? (NO)

  • -- Did the court ensure that Counsel was served initial motion papers?
    (NO, how could it, Plaintiff withheld appearance by that Counsel)

  • -- Did the court render a decision on the motion with no notice to that Counsel?(YES)

  • -- Can any such decision have any effect?
    (NO, it is void from the start, void ab initio, as the power of the court to entertain the motion was never invoked.)

If you are smarter than a 5th grader

and want to know about how to help restore the Brooklyn Lyceum,
read further and give a bit of your eyes, brainstem and body to that end.

To Help:


sign affidavits
w/ 5th grader logic

make appearance
or two.

case citation

buy some
Brooklyn Lyceum Swag

pay it forward
with some cash



Help program the Brooklyn Lyceum with votes gained thereby.

Failure to serve Attorney for Lyceum / Richmond became THE critical issue when (a-d) cascaded into unintended consequences.

(a) Judge Donald Scott Kurtz failed to do a simple, minimal, and ministerial, revue of the record upon the submission of the first motion in the case:

(b) Kurtz, when called out on his failure to conduct review of record at time of first motion, failed to correct that failure. And, Kurtz went outside the record to justify his initial failure.

(c) On appeal of Kurtz's failures, Appellate Div. Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix & Valerie Brathwaite Nelson found Oct 17, 2012 came AFTER Oct 26, 2012, & also implicitly went outside the record to find that Richmond / Lyceum had appeared by attorney to avoid finding complaint abandoned.

(d) Appellate Division Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix and Valerie Brathwaite Nelson then refused to correct going outside the record and their math error, that 17 is greater than 27, in their decision about abandonement.

a DUE-PROCESS deprived
once and future Brooklyn theater,
 coffee shop, ---  gym and ---  sometimes cafe
(if due process has any meaning whatsoever)
needs your eyes, ---  brainstem and ---   body

Read!  Think!   Act!    Appear! (NOW)
Drink!  Dance!   Exercise! (LATER)

take simple actions ...
 to compel the courts ...
  to do what is
common sense AND
 ethical AND
  moral AND
by statute,
  common law and
Never enough time to do it right, always enough time to do it over. At least that's what my grandfather used to say.
  • The Brooklyn Lyceum has held legal serve (preserved rights) long enough (2008-2020) in the foreclosure action against the Brooklyn Lyceum that the proverbial wheels have come off the judicial bus.
    By fighting for procedural due process (seeking rules compliance by judges (like Donald Scott Kurtz and Devin Cohen and Ellen Spodek and Fraoncois Rivera) and attorneys and the Plaintiff), those same judges and attorneys and Plaintiff are now left with a jurisdictional (power / authority to rule) no-win situation by their odd sequence of actions that all seem designed to benefit a big developer (Greystone) over the common man (it could someday be you).
  • How so ? ...
    by allowing corrupt attorneys like Avery ("I can do anything I want!") Mehlman of Herrick Feinstein (if you consider REPEATEDLY lying to the court to be corruption) and corrupt Plaintiffs like David Topping (lieing about when standing was acquired) to have free reign in their courts.
  • One such no-win situation has been brought about by the court (Judge Donald Scott Kurtz) magically (retroactively) changing the record (inserting appearance by counsel for Lyceum and others into the record to support a decision premised, years earlier, upon alleged non-appearance of those parties at all, let alone by an attorney), the guts of the case are now, for the first time, open for review thanks to the Court of Appeals (Janet DiFiore) refusing to address some of those same jurisdictional issues in an expeditious manner. It is as if Janet DiFiore wanted the lower curt to take on the task of addressing their sloppiness.
  • That refusal effectively kicked the Brooklyn Lyceum Foreclosure back down to Judge Donald Scott Kurtz on March 24, 2020 (mid-pandemic no less) for further review in light of the appellate court decision.
    Such review reveals an cornucopia of things that MUST (read further, we can back it all up) unwind the Brooklyn Lyceum Foreclosure, not the least of which is that that the Plaintiff never served and motion papers on the attorney it failed to inform the court had appearaed for the Lyceum and other defendants.

If you want to help the Brooklyn Lyceum by joining our due process dragoon and thereby garnering a cultural piece of the due process and/or coffee and/or help with your due process battles pie, read on.

Quite simply, the judge, Donald Scott Kurtz, botched the Brooklyn Lyceum foreclosure bigly by not doing simple date math on the first motion in the case, the one that got him assigned to the case, to see if that first motion in the case was timely based on the papers in the court's possession (the record) at the time of the motion. All Judge Donald Scott Kurtz, or his clerk, had to do was read the damn papers and compare the date of the motion with the type of service (personal, in hand service or not one two parties, Eric Richmond (guarantor of loan) and 231 Fouth Avenue Lyceum, LLC (the Brooklyn Lyceum)) and the date of service (if it was served on the corp (Lyceum) at the secretary of state) or the date of filing the proof of service (if served on a defendant personally). This is 5th grader math as in a 5th grader can do that. To have done that would have saved, guessing here, a couple of hundred thousand dollars and years of time and much egg on Plaintiff and Greystone face. The failure to do that comparison has led to a decade of the Brooklyn Lyceum grinding through the system (appeals) to get a court to make a finding inconsistent with the obvious truth, facts and law. Now that we have that we welcome public participation in the process compelling Judge Donald Scott Kurtz, Judge Devin Cohen and any other judge who gets this case dropped in their lap.
Rather than do his job and rule on the first motion in the case based on dates and times and types of service of the complaint, Judge Donald Scott Kurtz entered into a stupid world of sloppy by granting a decision where it was forbidden by statute.
When called to task on that issue (by Richmond, a defendant, non-attorney and guarantor of the loan), he let the Plaintiff sneak in something the plaintiff had withheld from the court in the initial motion papers, proof that the Brooklyn Lyceum had an attorney at the time of the motion and that that attorney had not only appeared by negotioating and receiving extensions of time, the attorney had also appeared by serving an answer to the complaint on the Plaintiff's then counsel who was later suspended from the parctice of law for. wait for it ..., withholding information from the court.
Richmond complained that the court was not allowed to use information previously witheld from the court by the Plaintifff to justify, two years, later, the decision for the Plaintiff on the initial motion.
Judge Kurtz then made up some stupid logic forcing Richmond to appeal, which Richmond did.
Some 5.5 years later the appeal was argued before the apellate court regarding three issues:
  • Was the case abandoned at the time of the initial motion in the case based on the Plaintiff submited papers on that initial motion.
  • Was a contempt order later enterred against richmond valid. Specifically ...
  • Did a subsequent attorney commit extrinsic, as opposed to intrinsic, fraud upon the court when it ...

Once the Lyceum gets the court:
  • to do what Judge Donald Scott Kurtz should have done:
    (dismiss case as abandoned, based on record before the court), or,
  • to do what the court must now do:
    (unwind every decision in the case for failure to serve any papers on Lyceum attorney)
    given what Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix and Valerie Brathwaite Nelson did do
    (find 17 > 26 and alter the docket to insert appearance by Lyceum attorney in order to avoid dismissal as abandoned)

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen

re-programming a DUE PROCESS DEPRIVED Brooklyn theater as soon as the legal swamp settles.
Once the Lyceum gets the court:
  • to do what Judge Donald Scott Kurtz should have done:
    (dismiss case as abandoned, based on record before the court), or,
  • to do what the court must now do:
    (unwind every decision in the case for failure to serve any papers on Lyceum attorney)
    given what Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix and Valerie Brathwaite Nelson did do
    (find 17 > 26 and alter the docket to insert appearance by Lyceum attorney in order to avoid dismissal as abandoned)
the Brookyn Lyceum will be back & needs to hit the swamp running.
To that end ...
--we are plotting programming now
so that we can implement that programming in the interim, either at the Brooklyn Lyceum or proxy sites.

--participate in programming the Lyceum
score curatorial votes by brain, body, past effort or wallet.
    Simple things to do to help the Lyceum due process cause:
  • --Take poll and tell us what you think of a couple of judges and their simple to interpret actions.
  • --Note presence of a document Plaintiff withheld from the court for 3 years.*
  • --Note sworn statement by Plaintiff counsel about that document.*
  • --Note lack of a particular document from the early (and short) record of the case.*
  • --Note date of notice of a motion.
  • --Note date that notice instructs all to appear.
  • --Note datetime stamp of a document (motion)(A).
  • --Note datetime stamp of a document (decision)(B)..
  • --Note A comes before B.
  • --Note Appellate decision that finds A comes AFTER B.
  • --Make appearance at hearing (watched court more likely to follow the rules).
  • --Contribute a case citation to the cause (if you have legal mojo in your bones).
  • --Buy swag for future curatorial voting rights.
  • --Contribute $$ to the cause for future curatorial voting rights.
*= and sign affidavit about what a 5th grader should see.
Individual affidavits about any of the above gets you 10 votes.
More complicated ones get you 20 votes.

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen

Out Of Brooklyn Lyceum Events

-- As we seek to provide programming
for when the Brooklyn Lyceum (or any interim proxy) returns,
we need to see a LOT
of music, theatre, dance, comedy, etc.

-- To that end, we are accepting invitations
to see such work
to investigate if that work (or that group)
would be a good fit for the Lyceum (or any interim proxy)

-- In addition, we are also open to invitations
to see work for an actual written review
(whether or not there is any intent to present at the Lyceum).

We will post the review online, send it to email and social media, where appropriate.

Apply HERE.

-- If that interests you or your group, pursue that at OOBLE.ORG

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen

Art exhibits popping up at the Brooklyn Lyceum
(or any interim proxy)

-- Wherever the Lyceum or any interim proxy goes,
art is sure to be part of the mix.

-- As we seek to exhibit art
at the Brooklyn Lyceum (or any interim proxy),
we need to seek submissions for the exhibits.

-- To that end, we are accepting submission appications now.

    One such exhibit may be in :
  • an approximately 1,000 square foot venue
    with 25 foot ceilings in New York State.
  • (location secret till we sign lease)
    We Expect:
  • two group exhibitions of 6 weeks each; and,
  • one 4 week solo exhibition
in Spring and Summer annually.

Apply HERE.

-- If that interests you or your group, pursue that at THESMEE.COM

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen

When the Brooklyn Lyceum gets done
undoing a non-trivial set of procedural due process violations ...

There ... WILL ... BE ... BETTER ... COFFEE ...
on the Brooklyn Lyceum block.
till then
... Out & About & On The Road w/an answer:
... Inexorable Espresso Evolution ...
Flavor, not labor, from our espresso cellar!
-- 15 years of a coffee shop/cafe
and the aftermath of Hurricane Sandy taught us that
there is another, more ecological, way.

-- When the Brooklyn Lycem Due Process dust settles,
we may be taking on, or taking out,
Starbucks with our own Espresso cellar.

--Till then we are pulling espress shots the SwaSlu way, on the road again!

We make it a point not to be a roaster
and will be presenting multitudes of flavors of roasters
from, well, everywhere at interim locations, events, markets and fairs.

Interested in better americanos/lattes than you could ever do at home?
Take a dip HERE

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen

The Inevitable return of the Brooklyn Lyceum

-- We are documenting a decade of malfeasance with commentary.

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
Due Process
In Brooklyn

The Brooklyn Lyceum
as a judicial jurisdictional pincushion.
    The LOWER COURT STORY (Judge Donald Scott Kurtz)
  • Lender (Plaintiff) initiated a foreclosure against Lyceum.
  • Based on the papers submitted by the Plaintiff, the first action in the case was fatally and facially tardy and jurisdictionally ineffective.
  • The judge, Donald Scott Kurtz, did, or failed to do the following:
      --Failed to dismiss the case as abandoned as was required.
      --Granted relief not requested in the moving papers.
      --Granted relief not listed under the statute noticed.
      --Premised decision on two non-existent documents.
  • Defendant Richmond moved to dismiss the case as abandoned.
      --Counsel for defendant admitted to the court on October 24, 2012, that Plaintiff had moved 6 months later than the abandonment statute allowed.
      --After this admission, the Court gave Plaintiff extra time to come up with another answer.
      --Plaintiff Counsel produced a sworn statement from former Plaintiff counsel admitting Plaintiff had regular and repeated interaction with counsel for Richmond and Lyceum PRIOR to October 26, 2009 motion.
      --Plaintiff Counsel produced a sworn statement that Plaintiff counsel had admitted, in a hearing on October 24, 2012, that the initial motion was 6 months late.
      --The Decision referenced documents that did not exist at the time of the October 26, 2009 Notice of Motion.
      --The Decision does not address Plaintiff admission to moving 6 months after statutory abandonment.
  • The judge then followed it up by granting a motion on no notice.
  • Defendant Richmond appealed the refusal to dismiss the case as abandoned (APPEAL #1).
  • The Lyceum moved to vacate the Order of Reference never served on the attorney for Richmond and the Lyceum, and the Judgment of Foreclosure with the facially statutorily insufficient notice, either of which would unwind the sale of the Brooklyn Lyceum.
  • The Plaintiff, in opposition papers, admitted ...:
      --Plaintiff failed to serve the October 26, 2009 Notice of Motion on the sworn to counsel for Richmond / Lyceum, David Blum, Esq.
      --Plaintiff's March 17, 2011 Notice of Motion instructed those noticed to apear on April 18, 2001.
      --Plantiff's ?? Notice of Entry of the Judgment of Foreclosure failed to accurately describe the Decision attached to the Notice of Entry.
  • The court is required to address jursdictional arguments before it takes any action after they are raised.
  • Judge Kurtz, rather than addressing the jurisdictional challenges, as required, refused to provide a required court reporter at the hearing on the motion and failed to acknowledge the hearing occurred (and that Richmond raised all three jurisdictional arguments orally) in a decision that said:
    "If I were to address the motion, I would deny it"
    The APPELLATE COURT STORY (Judge Reinaldo Rivera)
  • The Lyceum appealed the decision on whether the first action in the case was statutorily abandoned.
  • Once the appeal was fully briefed, it took 2.5 years to get calendered for oral argument.
  • At oral argumment on appeal, the Lyceum raised three jurisdictional challenges that, being jurisdictional, can be raised as late as oral argument on appeal:
      --The Lower court had granted a Judgment of Foreclosure and Sale on no notice.
      --The required notice of entry of the Judgment of Foreclosure and Sale was invalid as it did not truly descibe the document entered.
      --The Plaintiff, having now sworn that the Lyceum had actually appeared, contrary to prior sworn statement, failed to serve the attorney for the Lyceum with whom they had repeated communicatuion, including extensions of time to answer.
  • The Appellate Court ignored the jurisdictional arguments, and, in order to avoid ruling a case abandoned based on the record presented to the lower court:
      --Made up a fact (finding October 19 comes after October 26)
      --Found that the Plaintiff had timely moved in the first motion in the case.
        ---- an impossible finding from the record in the lower court at the time of the motion in question,
      ---- a finding that could only be possible if the court altered the lower docket to incorporate proof of Lyceum appearance, and appearance that triggered the three jurisdictional issues raised at oral argument.
  • The Appellate Court denied a motion to reconsider whether 19 > 26 or whether the Appellate court went outside the record and altered the docket.
  • The Appellate Court denied a motion to for leave to appeal whether 19 > 26 or whether the Appellate court went outside the record and altered the docket.
      --dismissed stating the court did not have jurisdiction over 19 > 26
      --(but did not deny)

      --a motion to for leave to appeal

      --whether 19 > 26 or
      --whether the Appellate court went outside the record and altered the docket.
  • We are sure that making mathmatically impossible findings is directly akin to jurisdictional issues
    (the court has no authority to get 5th grade math wrong).

    In the event that Court of Appeals fails to do its job, we will be back with writs to compel the courts to address the jurisdictional arguments and 5th grader math failure.

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
SUMMARY: Brooklyn Lyceum case is simple. no more places to run to, no more places to hide.

The Lyceum had the Plaintiff dead to rights
(case was statutorily abandoned based solely on the record provided to the court by the Plaintiff).

Judge Donald Scott Kurtz
broke the law to let the Plaintiff
continue abandoned case.

especially given that the Plaintiff failed to put in even a "dog ate my homework" sufficient cause excuse.

Judge Reinaldo Rivera
aided and abetted Kurtz by:

-- making up a fact (Oct. 17 comes after Oct. 26) &
-- going outside the record to save the Plaintiff.
-- altering lower docket to insert a Defendant appearance when there was not one on the record.
-- altering appellate record to make Defendant allege "intrinsic" fraud when appelalte papers clearly allege "extrinsic" fraud.

Ruling threw Plaintiff
into retroactive jurisdictional traps:

-- failure to serve the Lyceum attorney ANY papers.
-- requesting reliefs not authorized by cited statute.
-- premising requested relief on non-exstent attorney affirmation.
-- noticing parties to appear a DECADE IN THE PAST.
-- Kurtz granted relief not requested.
-- Kurtz premised a decision on TWO non-existent sworn statements.
-- Kurtz granted what was NOT available under cited statute.
Take poll, vote, sign affidavit, appear, contribute.
Then help program the Brooklyn Lyceum!
Pass judgment on Judges not smarter than a 5th grader!!
If a judge:
--can't figure out which is greater of two numbers or
--can't see that the Plaintiff noticed parties to appear a decade in the past or
--premises decisions on non-existent documents, i

how can you trust those judges with things that are complicated?
Take a look at some crystal clear STUPIDS and tell us what you think of a judge who would do these types of STUPIDS.
Crowd-Source legal citations
If you have a legal frame of mind, take a look at the dozen (and growing) brain-dead simple issues that do not allow for any judicial discretion.
We are seeking 100 citations (in any jurisdiction) to support each of the premises that will set the Brooklyn Lyceum free.
If you are first to subit an on point case (even if it contradicts our position), you will earn, if you leave your email address, one Brooklyn Lyceum Curatorial vote.
Sign Affidavit!
You don't have to be a judge to see when a judge does a STUPID.
Review a couple of dates or a couple of lines in some documents or note the absense of a document from a short record and sign an affidavit that you swear to. Just the facts, no conclusions necessary.
Send us the affidavit(s) and, if they are true to form and content, you will earn some Lyceum street cred via curatorial voting rights you can use, transfer or exchange (ten (10) votes for each accepted affidavit and one (1) vote for each use of the affidavit in court papers).
Appear!, Spread the Word!
In addition to an affidavit, we believe that a watched judiciary tends to do its job more than an unwatched one.
To that end, if you appear at specified junctures, just as an observer, you will get twenty (20) votes.
Lastly, we may need to have fliers distributed at places out and about.
To that end, for each hour of flier distribution, you will get ten (10) votes.
Keep this from happening.
The Lyceum was floored when Appellate Judge Reinaldo Rivera made up a fact (Oct. 17 is after Oct. 26) after stating at the Lyceum Oral Argument on Sep. 26, 2018, that the 2nd dept. would "get to the bottom" of things because "the 2nd dept. has an excellent reputation".
To stop this madness, we endeavor to review all (2018-2020) Appellate Oral Arguments and review papers and decisions to document such malfeasances and outright lies by the Appellate Court.
  • You can get in on the ground floor of the rebirth of a facility that has welcomed the likes of:

    Fiona Apple,
    Ted Danson,
    Amanda Palmer,
    Adrian Grenier,
    Yo La Tego,
    the Knights Orchestra,
    a Charlie Brown Christmas,
    rocky: the musical, etc.
It only takes a little time to help jumpstart the LYCEUM DUE PROCESS TRAIN.
(0 Votes): Take our online poll & tell us what you think of judicial STUPIDS:
--granting motion on no notice,
--finding Oct. 17 comes AFTER Oct. 26, ...
--granting relief not requested,
--refusing to address jurisdictional challenges,
(10 votes):
Review a few lines in a few documents, a couple of dates therein, note presence of documents, note absence of a documents in a short record and
--Sign, notarize and send us affidavits.
(1 vote):
Per use of affidavit in court filing.
(20 votes): --Appearance at hearings or specially designated places/times (a watched judiciary more likely to perform unbiased job). (10 votes): --Per hour flier distribution (places/times TBA).
(1 vote): --Be first to submit an on point citation regarding these simple judical STUPIDS. (1 vote): --Be first to submit to us an act/event not mentioned in the "BEFORE" button. (1 vote): --For every $25 spent:HERE
If you pulled espressos, swept floors, worked, booked, produced, designed or 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 affidavit as a Due Process Warrior!.
  • LYCEUM CREWE = 1 / participatory month.
  • RUN PRODUCER ENTITY = 10 / week of run.
  • RUN CREATIVE = 2 / week of run.
  • RUN CREWE = 1 / week of run
  • RUN PERFORMER = 1 / performance
  • MARKET/CONVENTION TABLER = 1 / table day (2/day if booth)
  • FESTIVAL PRODUCER ENTITY = 20 / festival week
  • FESTIVAL CREATIVE = 2 / festival week
  • FESTIVAL ENTRY LIVE = 1 / festival performer
  • FESTIVAL ENTRY - NOT LIVE = 1 / festival
  • PUBLIC EVENT PERFORMER = 1 per each day of performing
  • PRIVATE RENTAL = 1 / week
  • Monthly On-Line Vote
  • OR - Rollover Up to 6 times (months)
  • Have a person/organization you want to help?
    Use Proxy to give them your vote (for up to a year).
    Use Transfer to give them your votes PERMANENTLY.
  • All garnered votes can be exchanged for:
    --1 Hour Lyceum Staffer time per 10 votes exchanged for any of a growing list of approved causes.
    (that works out to be one hour of Lyceum time per accepted affidavit & two hours for each appearance.)
    --Votes automatically returned to Lyceum if not used for 12 voting cycles (12 months/1 Year)
VOTING PROCESS GARNER VOTES affidavit, appearance, case citation, distribution,
missing act/event submission, purchase.

When the Lyceum has succeeded in restoring its due process rights, or the Lyceum launches proxy sites whilst the battle is fought...


--Once a month get an email notice of the events/acts/rentals to be voted upon.
--Via online system we are developing to vote. -OR-
--rollover (like phone minutes) votes up to six times.
--(votes unused within 6 "rollovers" are waived).
PASS JUDGMENT ON JUDGES WHO: Ignore Jurisdictional challenges, Grant motions on no notice, Grant relief not requested, Find Oct. 17 is AFTER Oct. 26 & Retroactively alter docket for lender.

Judge Donald Scott Kurtz

“When a case is before me, I try to give it my full attention,”
“Some judges would have just read the papers and signed them,”

Judge Reinaldo Rivera

“we will get to the bottom of this”
“the 2nd department has an excellent reputation”

CONCEPT: --Notice less than statutory minimum # of days.
CITE: --Putnam County Natl. Bank of Carmel v Bischofsberger, 82 Misc 2d 915 [Sup Ct, Putnam County 1975]; Tokyo Leasing [U.S.A.] v G-IV Wash, Clean & Dry, 4 Misc 3d 164 [Nassau Dist Ct 2004]; Kemp v Hinkson, 73 Misc 2d 76 [Suffolk Dist Ct 1973].)[FN4] [*5]
TEXT: --When the defendant has not been provided with the statutorily required time in which to answer a motion made pursuant to CPLR 3213, the court lacks jurisdiction to hear the motion, the motion must be denied without prejudice and the action dismissed.
Click a button below to reload a new random case
in a topic Kurtz and/or Rivera screwed up
(19 topics and counting).

    The Plaintiff served a Notice of Motion on March 17, 2011 for all to appear a DECADE IN THE PAST, on April 18, 2001.

    Review a two page Plaintiff: NOTICE OF MOTION TO APPEAR A DECADE IN THE PAST.

    Review a two page Proof of Service : swearing notice of motion was served 10 years after hearing motion.

    An Affidavit about these STUPIDs we hope you will sign: Affidavit swears you saw a notice dated April 17, 2011 to appear on April 18, 2001, and, that you saw that service was sworn to have been done a decade after the noticed hearing..

    The inescapable result of the Judge Donald Scott Kurtz failure to do basic date checks reviewing the facially and jurisdictionally bad NOTICE OF MOTION and proof of jurisdictionally tardy service of the NOTICE OF MOTION is that the sale of the Brooklyn Lyceum is void, right from the start, or ab initio.

    Note: the date of the Notice of Motion, from the second page (March 17, 2011) or the vertical date-time stamp on 1st page (2011 MAR 17 AM 11:24) and the handwritten MOTION SUPPORT date on the lower part of the first page (3-17-11).

    Note: the date all were noticed to appear (lines 4-6 of page #1) : "the undersigned will move this court .... on the 18th day of April, 2001 at 9:30 a.m. ...".




    Any 5th Grade fool could see Affidavit


    In order to rule against the Brooklyn Lyceum, Judge Reinaldo Rivera found that the Lyceum must lose because a cross-motion to have the case declared abandoned by Plaintiff inaction came after the entry of the Judgment of Foreclosure and Sale.

    The DECISION IS STUPID because it is makes a case the court was REQUIRED, by statute, to dismiss as abandoned by Plaintiff inaction
    can become unabandoned by further Plaintiff action combined with the Court's failure to follow the statute.
    The DECISION IS FLAT OUT WRONG on the simple, 5th grader math comparison of two dates.
    The Cross-Motion (October 19, 2012) came BEFORE, not AFTER the entry of the Judgment of Foreclosure and Sale (October 26, 2012).

    Review a line in a short Appellate Decision(Page 3 last Para, lines 2-3#): "The cross motion was untimely since it was made after entry of the judgment of foreclosure and sale "
    Review Motion Clerk date on the Cross-Motion (October 19, 2012) :
    Motion Support hand-written date: 10/19/12 AND adjacent datetime stamp of October 22, 2012

    Review Date-Time stamp on the Judgment of Foreclosure and Sale (October 26, 2012). Last Page DateTime Stamp: October 26, 2012

    An Affidavit about these STUPIDs we hope you will sign: Affidavit you saw that the datetime stamp of the Cross-Motion was BEFORE, not AFTER, the Judgment of Foreclosure.




    Any 5th Grade fool could see (19<26) Affidavit






    --Read up on the judicial shenanigans, become one with the simple logics.
    --Fill out one or more of the affidavits.
    --Take to a notary and sign the affidavit before the notary.
    --Send the Affidavits to:
        Eric Richmond
        2107 Regent Place
        Brooklyn, NY 11226
    Once we have unwound the sale of the Lyceum, we will redeem each affidavit accepted (passing review for content and form) by :
    --10 votes for each accepted affidavit,
    --one vote each time the affidavit is used in a court proceeding,
    --20 votes for any appearance at a hearing, and
    --5 votes per hour of distributing fliers/cards to spread the word.

    You can use the votes to :
    --chime in on programming Brooklyn Lyceum cultural events, or
    --you can proxy them to some other person/entity for a period of time, or
    --you can transfer them permanently to some other person/entity, or
    --you can, when you no longer wish to have votes, trade them in for Lyceum staff time for one of a list of causes.

Old Guard still standing ...

  • --Senate Filibuster Debate Roils Chamber
  • --Republicans Waver on Convicting Donald J. Trump
  • --Watchdog to Examine Whether Justice Dept. Helped Trump Effort to Overturn Election
  • BBC
  • --Coronavirus: EU to tighten vaccine exports amid row with AstraZeneca
  • --Covid: Dutch curfew riots rage for third night
  • --Five days that shaped the coronavirus outbreak
  • NPR
  • --Anti-Curfew Protests Flare Up in The Netherlands
  • --'Everything Broke': Global Health Leaders On What Went Wrong In The Pandemic
  • --Israel Secures COVID-19 Vaccine Doses By Agreeing To Share Medical Data On Israelis
  • --Chicago weather live updates: Snow hits area as biggest winter storm in 2 years moves in
  • --Kyle and Wendy Rittenhouse focused on social media comments as teen asked for a lawyer and did not a
  • --4 to 8 inches forecast overnight for Chicago’s northern neighborhoods and near the lake as biggest s

Indie news of note ...

  • --Gowanus Rezoning on Hold as Court Date Looms
  • --Cambio de estatus de millones de inmigrantes depende de 10 senadores
  • --Max & Murphy on the Issues: Climate Change
  • --The Flag in the Song is the Flag I Saw Today
  • --Welcome Back!
  • --COVID-19 forces changes in strategies for anti-violence groups
  • --For Quality of Life Meeting tomorrow, questions about timetable, arena, after-hours work, and disrup
  • --What's low-income affordable housing? The state and city offer different (and shifting) guidelines
  • --From the latest Construction Update: overnight railyard work extended through next weekend; after-ho

Science feeds of note ...

  • --Simulating 800,000 Years of California Earthquake History To Pinpoint Risks
  • --Bad News For Land-Speed Record Fans As Bloodhound Goes Up For Sale
  • --Moderna Vaccine Appears To Work Against Variants
  • --People who jump-to-conclusions are more likely to make reasoning errors, to endorse conspiracy theor
  • --Neuroscientists find musicians’ brains have stronger structural and functional connections compared
  • --COVID-19 warnings were on Twitter well before the outbreak of the pandemic. Researchers have identif
  • --The places where Americans aren’t wearing masks
  • --It’s a cosmic miracle that life on Earth’s lasted this long
  • --5 graphs that show how bad COVID-19 is in LA County

Evolution feeds of note ...

  • --Global aerial habitat conservation post COVID-19 anthropause
  • --Overcoming Blind Spots to Promote Environmental Justice Research
  • --Predictability of Biotic Stress Structures Plant Defence Evolution
  • --Resolving Transcriptional States and Predicting Lineages in the Annelid Capitella teleta Using Singl
  • --Comparative Neurobiology of Biogenic Amines in Animal Models in Deuterostomes
  • --On the Potential Role of the Neural Crest Cells in Integrating Pigmentation Into Behavioral and Phys
  • --Author Correction: Evolution and expansion of the RUNX2 QA repeat corresponds with the emergence of
  • --Genome-wide study of a Neolithic Wartberg grave community reveals distinct HLA variation and hunter-
  • --Discovery of a colossal slickhead (Alepocephaliformes: Alepocephalidae): an active-swimming top pred
  • --Evolution and Contextual Behavioral Science: Behavioral and Physical Health
  • --My Advice to an Aspiring Economist: Don’t Be an Economist
  • --Evolution and Contextual Behavioral Science: Organizational Development

Espresso feeds of note ...

  • --[MOD] The Daily Question Thread
  • --[MOD] The Official Deal Thread
  • --Tackling decaffeination at the source -- using GMO's instead of chemical agents to preserve coffee's
  • --Coffee Seed Oil, Two Minute Coffee and Good Food Awards Coffee Winners
  • --Long Beach’s Wolf’s Brew New Design is More than Package Deep
  • --fashion.: Gucci’s The North Face Campaign Includes a Coffee Relic
  • --Introducing Virtual Producer & Roaster Forum 2021
  • --How do microorganisms affect fermentation & the sensory profile of coffee?
  • --Coffee News Recap, 22 January: Nescafé announces sustainability plan & other stories