ORAL ARGUMENT: AD2:(happened 9/6/2018)
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.
ORAL ARGUMENT: Kings Supreme:(scheduled (4th time - 10/5/2018))
Did the Forecloser fail to:
  • -serve ANY papers whatsoever during case on Attorney for Defendants?
  • -serve papers as mandated by the court at least 30 days prior to sale?
  • -give Defendants ADVANCE notice of Motion for Judgment of Foreclosure & Sale?
  • -file the proof of service starting Defendant's time to answer?
---Will court violate Article VI of the New York State Constitution by refusing to provide a court reporter?


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.

Greystone and Blink are at the mercy of the misrepresentation of foreclosure attorneys. - BLINK BLANK BLUNK - abandoned complaint = no foreclosure - MORE

Two and a half years and waiting for oral argument at Appellate Division II (Second Department).

That is the unfortunate circumstance, but that circumstance has not stopped the flood of inquiries about the future of the Lyceum.

As we believe that the appeal is airtight and we want to get the word out about what the battle revolves around, we present this mini-argument for public consumption so the world can see how the system must work.

Greystone lies that may shut Blink Fitness down. - First Greystone commits forgery ... then Greystone lies to the Buildings Department ... then Greystone lies to Blink. Who gets the haircut? - MORE
Pigs get fat ... -

Hogs get slaughtered ...

Or so the saying goes.  Greystone looks more hoggish by the day.

One would think that over promising in a commercial lease situation would lead to problems, even lawsuits.

This one looks like a doozie.

Greystone, despite their best attempts to ignore their own malfeasance in the soon to be invalidated purchase of the Brooklyn Lyceum, keeps creating their own problems.

For example.... take a look at Blink Fitness.  They signed on for 15,000 +/- square feet of space in the Brooklyn Lyceum.   Little did they know that, in order to build the adjacent building taller, Greystone had to tell the NYC Buildings Department that the uses in the Brooklyn Lyceum had to be a community facility.

And, guess what is not a community facility according to the NYC Buildings Department, commercial chain gyms.

In addition, Greystone never bothered to get a anew certificate of occupancy (CofO), a required process when significant changes have been made (altering exits adding or removing floors, excavation), and is instead attempting to have Blink Fitness occupy a brand new floor that does not even exist in the Certificate of occupancy they are using from 1943.

Wow.  What will Stephen Rosenberg of  Greystone do?  Not do commercial in the base of a brand new residential building and give up some of that residential?

More likely they take the bullet now on the inevitable Blink lawsuit and suffer through whatever breakup will entail be it settlements or lawsuits.

Can Curtis Pollock clean up Jeffrey Simpson Perjury and Forgery? - Greystone had no answer to Perjury and Forgery allegations ... so they double down with more perjury!!! - MORE
Does Rosenberg know of COO perjury? -

Greystone backs up forgery and perjury by Jeffrey Simpson, a low level corporate officer, with ... more perjury by Stephen Rosenberg's Number 1, Curtis Pollock (Greystone Corporate Co-Chief Operating Officer).

When we last took the pulse of the situation, we filed a motion to dismiss a Greystone lawsuit because the deed put forth was clearly forged and Jeffrey Simpson committed perjury at the outset of the lawsuit swearing to have read a complaint that had not yet been written.

Greystone had until November 21, 2017, to respond to the motion to dismiss their lawsuit about the Brooklyn Lyceum Deed.

That day passed, as did 44 more.

By the time that Greystone attempted to answer the motion to dismiss, some 45 days late, they had, by not responding by November 21, 2017, admitted to anything in the affidavit in support of the motion to dismiss.

Specifically, Greystone admitted that Jeffrey Simpson had lied (committed perjury) when he swore that he had read the complaint drafted by his attorney, Avery Mehlman of Herrick and Feinstein.

In addition Greystone admitted, by their non-response, that the deed they filed with the City Register and with the complaint as their proof of ownership, was a forgery.

In addition, Avery S. Mehlman admitted to committing perjury and misrepresenting facts to the court in general, and Ellen Spodek, in particular.

Well, as it would unfold, Jeffrey Simpson is out at Greystone (seems that our allegations of perjury and forgery might be a problem).

He has run away and taken another nimrod warrior (Jared Chassen) with him to a new venture that, as far as we can tell, lacks a website we can highlight and publicize.

In his stead, probably as a fixer / cleaner (a la Harvey Keitel in Pulp Fiction) is Stephen Rosenburg's right hand man, Curtis Pollock, Co-Chief Operating Officer and with Greystone since 1993. Clearly, he is not put in charge of things that are day to day.

And, what does Co-Chief Operating Officer Curtis Pollock do in his first act in the case? Curtis Pollock, just as Jeffrey Simpson and Avery Mehlman, commits perjury by lieing in an affidavit.

What are the lies?

Well, that is for a later reveal.

Suffice it to say that a CEO (Stephen Rosenberg) that raps about business processes probably is asleep at the switch.

Points that make or break a Lyceum Future... - Before you can say if lower court judge was correct, it must be found that the lower court followed the rules. - MORE

With no technical terms, he made the technical accessible.

His video explaining the 1986 Challenger disaster before a committee wherein he places a clamped to compression o-ring in ice water and shows that the material, which needed to be resilient, was not resilient at 32 degrees was brilliant.

No science, just logic.

If you ever see the Feynman path integral lecture/video, you will be exposed to math that is beyond the reach of the average person but is explained in such a away that the average person can understand the issue.

We make an efforts at the same, making the legal accessible.

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

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

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 ...

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

lyceum on the rebound. - The Brooklyn Lyceum is fighting the fights it must. When the dust settles it would be nice to hit the swamp running. - MORE
When the Brooklyn Lyceum dust settles ... -

Gowanagus will be at the ready for programming, be it theater, music, debate, classes or dance.

To that end we are lining up productions we will produce, about 20%, and seeking submissions for production from others.


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