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
common law and
BROOKLYN LYCEUM FORECLOSURE RISES FROM THE FORECLOSURE ASHES?
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.
NOT SO SHORT VERSION
REST OF THS TEXT IS BETA ... :<
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 ...
HELP US RE-PROGRAM THE BROOKLYN LYCEUM.
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)