brooklynlyceum - once and future theater

brooklynlyceum / gowanagus / jafomaru / thegrowler / allicanstands / swaslu

ABOUTbrooklynlyceum
- Public Bath #7 (aka: the Brooklyn Lyceum):
  
  Bathhouse
  1910 - 1937
  
  Gym
  1942-1970?
  
  Theater
  sometime in the 70s
  
  ????
  1970s-1994
  
  Public Bath #7 / Brooklyn Lyceum
  Gym, Theater, Cafe, Public Square
  1995-2015
  
  Procedural Due Process violating foreclosure thanks to Judge Donald Scott Kurtz
  2010-present
  
  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 the Foreclosure Sale of the Brooklyn Lyceum for:
  --failure to serve Lyceum Attorney ***
  Notice of Motion for Judgment of Foreclosure and Sale
  --facial insufficiency of that unserved Notice of Motion
  by way of notice to appear a decade in the past.
  ***=an attorney Plaintiff swore did not exist a year after filing the motion.
  
  given what Judges Reinaldo E. Rivera, John M. Leventhal, Sylvia O. Hinds-Radix and Valerie Brathwaite Nelson did do:
  
  find October 17, 2012 comes AFTER October 26, 2012, and,
  by any logic known to mankind,
  insert appearance by Lyceum attorney into the record in order to avoid dismissal as abandoned
BEFOREPrior Events
- WHAT HAS GONE BEFORE: A growing list of acts that have graced the Lyceum stage. Contact us to tell us someone we have missed.
  
  MUSIC --- black dice --- seryn --- jen chapin --- kelly zullo --- citizens --- nadine goellner --- natalia zukerman --- yo la tengo --- dawn landes --- rebecca pronsky --- duck baker --- fiona apple --- polyphonic spree --- marc ribot
  
  THEATRE --- rocky: the musical --- swampking --- fallings --- bindlestiff family circus --- moby dick: the sermon --- neofuturists --- 31 bond --- wax factory --- leaving ikea --- richard II --- charlie brown christmas --- the nose and the overcoat --- kafka: report to an academy --- project: ground control --- little prinsinn
  
  COMEDY --- big black car --- hot sauce --- gentrify brooklyn --- improv summit
  
  ART --- marshall arisman --- janet morgan --- surge: nola
  
  DANCE --- all is full of love --- carrie ahern --- yanira castro --- chris elam --- dusan tynek
LOCATIONSinterim spots
- While we wait for the inevitable, either the court :
  
  accepts the original judicial checkmate complaint statutorily abandoned
  based on record provided to the Court by the Plaintiff.
  
  accepts the new judicial checkmate the court retroactively created
  in avoiding original judicial checkmate:
  ---failure to serve our atty any papers
  ---notice to appear a decade in the past, no matter whom was served
  ---failing to cite, in notice of motion, statute which authorizes what is requested in notice of motion.
  
  We are looking at a couple of interim sites in our other haunts
  (New York State, Philadelphia and Maine).
SWAGSelect Artisan works
- from the Brooklyn Lyceum and a few select artisans.
  
  brooklynlyceum
  
  swaslu
  
  jafomaru
CONTACTFB, Twitter, E-mail
- Add my email please! Contact brooklynlyceum.com Foll ow @brooklynlyceum

Add yourself to brooklynlyceum.com email list.

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all this judicial kicking of procedural due process can down the road has laid the groundwork for a unique community programming option at a venue that has seen the likes of ...

MUSIC
black dice

THEATRE
richard II

COMEDY
hot sauce

ART
janet morgan

Brooklyn Lyceum 2.0 Programming VOTES

Earn'em @ jafomaru.com

Burn'em @ gowanagus.com

Churn'em @ gowanagus.com

SWASLU

Due Process In Brooklyn

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JAFOMARU

--JAFO: Just Another F--king Observer (necessary, but sometimes unwelcome, system observers)

-- MARU, either a Ship or Circle in Japanese.
Also, unwinnable situation won by resetting the rules by Captain James T. Kirk - Star Trek: TOS (Kobayashi Maru).

-- help thwart judicial tricks by focused attention to remove friction from the legal system for those who represent themselves.
-- help collect procedural tricks of the judicial trade in a place where the self represented can research before they get screwed.
-- help observe at key junctures to make self represented more manageable.
-- let the courts know you a have a functional brainstem.
... System Observers because : A watched court more likely to do its job.
--unwatched systems tend towards abuse, watched towards accountability-- JafoMaru.com

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GOWANAGUS:

re-programming a
PROCEDURAL DUE PROCESS DEPRIVED Brooklyn theater
as the legal swamp settles.

Once the Lyceum gets the court:

to do what Judge Donald Scott Kurtz was required by law to do:
(dismiss case as abandoned, based on record before the court at the time), or,
to do what the court must now do:
(unwind the Foreclosure Sale of the Brooklyn Lyceum as well as the Judgment of Foreclosure and Sale that allowed it for, at a minimum, 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 October 17, 2012 came AFTER October 26, 2012 & 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 when we get rolling, whether at the actual Brooklyn Lyceum or an interim one.
--YOU CAN ... participate in programming the Lyceum
score curatorial votes by brain, body or past effort.

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 entry (motion)(A).
--Note datetime stamp of a document entry (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 ya bones).
--Buy swag for future curatorial voting rights.
--Contribute $$ to the cause for future curatorial voting rights.

GOWANAGUS.COM

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SWASLU

... Inexorable Espresso Evolution ...

There ... WILL ... BE ... BETTER ... ESPRESSO ...
more flavor, less labor.
from our espresso cellar!

-- 15 years of a Brooklyn theatre/coffee shop/cafe and the aftermath of Hurricane Sandy taught us that there is another, better, more ecological, way to get the most out of your espresso.
-- When the espresso dusts dust settles, the new boss may well be different than the old boss.
--Till then we are pulling espresso shots the SwaSlu way, on the muddy road again!
--We make it a point not to be a roaster and will be highlight a cornucopia of espresso roasts at some home bases, some events, some markets and some fairs.
--Interested in better americanos/lattes than you could ever do at home?

Take a dip SWASLU.com

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Procedural Due Process in the Boro of Brooklyn

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.

The COURT OF APPEALS STORY

The COURT OF APPEALS:
  --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.

NEXT LYCEUM STEPS

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.