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?

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

Body blow of 2012

When it seemed clear from the law, case law and the facts, that the foreclosure against the Brooklyn Lyceum was abandoned, a motion was made to dismiss a foreclosure in its entirety under a law that specifically detailed how, and when, the court must dismiss a case as abandoned. That law is CPLR 3215(c).

Put quite simply, the defendant has a certain amount of time to answer. That time was dictated by when and how the Summons and Complaint was served. Once that time to answer has expired (the Defendant has "defaulted"), the Plaintiff has one year to take some action, any action, towards a judgment of default (a decision that the defendant's time to answer had expired).

Such an action takes the form of a "Motion for default judgment and order of reference". It must be made with 365 days of Default.

Such a motion need not be presented to the defaulting defendant --UNLESS-- they have participated in some substantive form, that they have "appeared". If a defendant has participated/appeared, the motion must be presented to the defendant in advance, with some notice, as motions without notice never invoke the power of the court. And, if any party has appeared via an attorney, ALL papers must be served on that attorney. The failure to serve papers once a party has appeared or the failure to serve the papers on a party's known attorney, again, never invoke the power of the court.

Any decisions based on Notices/Motions that never invoke the power of the court are, void, not just voidable. "Void, not just voidable" has a very special legal meaning. That means, despite their presence on a piece of paper that may be filed with the court, such violations of statute, and jurisdiction, never have any validity and no entity is ever allowed to benefit from such a decision or act of the court.

In addition, the motion must be supported by (include) a sworn under the penalty of perjury affidavit that the time to answer has not been extended, that the time to answer has expired, that the defendant had not appeared iand that the defendant had not interposed an answer.

All four of those required staements are in the boiler plate "Default and Order of Reference" decision available on the Kings Supreme website.

The court was presented with such a motion supported by such an affidavit and the court issued a judgment of default based on that affidavit.

Therein lies the rub. What if, despite the sworn statement under penalty of perjury by the Plaintiff Attorney (who has since been suspended from the practice of law), a defendant had appeared by counsel, a defendant had been granted extensions of time to answer, a defendant had interposed an answer and the time to answer had not expired when the motion for default was submitted?

After getting a Judgment of Default, the Plaintiff went for the jugular, it sought, again by motion and notice and affidavit, a "judgment of foreclosure and sale".

If the court grants the Judgment of Foreclosure and Sale, the collateral on the loan, the Brooklyn Lyceum, can be sold to the highest bidder at auction in a fashion described by the judgment of foreclosure and sale itself.

Again, the affidavit in support of the motion has to match the wording and meaning of the boilerplate "Judgment of Foreclosure and Sale" from the Kings Supreme Court webcite. Those words are:
"""
from which it appears that each of the defendants herein have been duly served with the Summons and Complaint in this action, or have voluntarily appeared personally or by their respective attorneys, and stating that more than the legally required number of days had elapsed since said defendants were so served and/or appeared; and that none of the defendants had served any answer to said Complaint, nor had their time to do so been extended
"""

The rub, again. "duly served or appeared" and "more than the legally required number of days had elapsed" (since service/apearance) and "none of the defendants had served any answer" and "nor had their time to do so been extended".

From documents submitted BY THE PLAINTIFF 18 months after the motion for BY THE PLAINTIFF "Judgement of Foreclosure and Sale" was submitted, it is clear that me had been extended", and "answers had been served".

From a reading of the first few items on the docket it is clear that the Brooklyn Lyceum had never been "duly served" as proof of servce of the complaint, that which STARTS the time to answer, has never been filed with the court. And, clearly, if the item starting time to answer was not filed, any affidavit swearing time to answer had expired is flat out perjury. If that perjury is by an attorney, a court officer, it is Fraud Upon the Court by a Court Officer. That becomes important later, when the legal maxim "fraud vitiates all it touches" is addressed.

Paradoxically, the proof of service is submitted in the Motion for Judgment of Foreclosure and Sale. Thus, the Motion that swears time to answer has expired, in and of itself, STARTS the time to answer.

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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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