Brooklyn Lyceum: Appeal Assist
Just Another F***KING Observer - you only get the rights you fight for ... - MORE


We waited patiently for a decision after oral argument, more than three (3) months.

That was after waiting more than 2.5 years to be calendared (after the appeals were fully briefed and ready to be argued).

As we had put non-trivial effort into the appeals and addressed both the strong points of our argument and any perceived weak points with argument, logic and case law specifically on point, we awaited decisions in 4 appeals expecting that the court would address the arguments and the case law presented and synthesize it with the facts of the case and the record on appeal and come to a reasoned decision.

We did not expect the Appellate court to MAKE UP FACTS.

Additionally, after we raised jurisdictional arguments for the first time at oral argument, a basic right for all people, the lead judge said the Second Department had an excellent reputation to uphold and that the court would get to the bottom of the issues.

We were shocked that the panel did not address, or even acknowledge, the jurisdictional arguments.

We were also sorely disappointed with decisions in the four appeals where the

  1. --Appellate Court made up facts,
  2. --misrepresented appellants's allegation of extrinsic fraud with one for intrinsic fraud thereby invoking a statute of limitations for intrinsic fraud that does not exist for extrinsic fraud,
  3. --selectively quoted a case directly on point to ignore the dispositive fact that an order was no longer in effect,
  4. --and, in the most interesting appeal, just reiterated a challenged conclusion of the lower court citing the same case as the lower court without addressing the arguments and decades of cases noted in the Appeal Brief finding exactly the opposite

This is especially troubling since the case cited by both courts makes absolutely no sense when actually broken into component parts.  

The fourth appeal was procedurally dismissed in a way we found appalling as it puts a ridiculous burden on all litigants, especially pro se (self represented) litigants, when it is clear from the record presented that the lower court refused to hear a motion by an attorney without a notice of appearance when the client was present at the hearing, a situation where a notice of appearance is not required or useful, resulting in a clear lack of Opportunity to be Heard, a due process violation negating any subsequent decisions.

We long fought, some 20 years, to make the Brooklyn Lyceum an arts facility and we are not willing, after waiting 2.5 years just to get the appeal heard, to be brushed off like so much dandruff.

We will continue to fight for due process for as long as it takes, as the numerous and repeated jurisdictional violations of the court never go away, never expire and have no statute of limitations.

To that end, shining a little light on these simple issues, issues that are core to the American justice system, seems like a good idea such that others in the future can see things for what they are sooner.

If you, JAFO, find yourself convinced of these simple issues we will shortly explain, you can help, and maybe we can help you.

Help by becoming J.A.F.O., Just Another F***ing Observer.

It is simple. Read some documents, watch a couple of minutes of court video and evaluate what you have read. Sign and mail/email an affidavit to us.

Help the Brooklyn Lyceum by paying it forward by paying attention now to ensure others due process later.

Brooklyn Rules
a foreclosure, from the beginning - rules before ruling, but Brooklyn? - MORE
Brooklyn Lyceum Overview -

TL;DR : Idiot buys old warehouse-y building in Brooklyn, runs as arts organization, refinances debt.

Long Form:  The Brooklyn Lyceum ( started off life as Public Bath #7 in 1910.

By 1937, when Robert Moses closed it as a seemingly punitive measure against the career of Architect Raymond F. Almirall (who sat as lead foreman on a runaway Grand Jury highlighted by the New York Times in 1921 for issuing subpoenas for the mayor's records), the city had failed to maintain several forward thinking ventilation systems implemented by Almirall in 1910.

It was a shame that a large indoor pool was covered over and replaced by a gym floor,  showering facilities for almost two hundred were reduced to 16 and the entire 5,400 square foot was gutted and closed to the public for some 70 years.

It was a bigger shame that the world did not take notice of the buildings department shutdown of the renovation, the first time, and some 30 years prior to Brooklyn Heights, that anyone told Robert Moses NO. And, as an aside, no evidence has surfaced, either in Robert Caro's The Power Broker, or elsewhere,  that Robert Moses ever did another renovation after the shutdown of his renovation of Public Bath #7.

From its reopening in the 1940's to the 1970's, Public Bath #7 functioned as anything from a gym to a public shower, to a weights gym to a basketball court to a wartime function hall.

In the 70's, it went up for auction a couple of times. One buyer was thinking of putting a mattress manufacturing facility in the building.

At one point it was rented out to a nascent arts organization for a year for a $1.

Another arts group attempted to get an NEA grant for the facility.  Eventually, title went to a developer, Bart Rivecchio, and then, again, back into the hands of the person he bought it from, an old time Brooklyn character with a lot of character, Aaron Sukenik.

Eric Richmond bought it off of Aaron Sukenik who was paid off in a refinance.

Eventually Richmond refinanced debts on the Building with Madison Capital Realty on , who sold the note/mortgage to ??? on .

None of this is special, to this point.

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.

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.
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.

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.
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

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