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


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 --selectively quoted a case directly on point to ignore the dispositive fact that an order was no longer in effect,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.

Why anyone should care ...

 ... if due process falls by the wayside for a theater?

This is a very important question.

Why should anyone care about anything not directly related to themselves? 

Well, if it is OK for the due process to be repeatedly and continuously ignored for the Brooklyn Lyceum, you can probably expect due process to erode such that you, your children and your children's children don't have any real rights left whatsoever.

Primarily, you should care:

  • --If you think due process matters more than almost all else.
  • --If you want the rule of law to apply to both rich and poor.
  • --If you want the court to actually address your arguments in a decision.
  • --If you want the court to actually address the cases you cite in support of your arguments.
  • --If you want the judges to not flat out lie to you.
  • --If you want the courts to avoid any appearance of favoritism.
  • --If you want the courts to follow similar results for similar fact patterns, that is, rely on precedent that all can see.
  • --If you want to be able to handle simple things absent an expensive lawyer.
  • --If you want your lawyer to actually be a zealous advocate for your position, not just someone fearful of a vengeful court should the attorney challenge the status quo.
  • --If you want to make sure that all of the above apply to you, your children and their children.
  • Secondarily, you should care:

    1. --If you want there to be another arts facility in Brooklyn.
    2. --If you want moby dick: the sermon, a Charlie Brown Christmas, rocky: the musical, Richard II, The Nose and the Overcoat, Neofuturists ... at the Brooklyn Lyceum again (or any other theater production).
    3. --If you want acts such as Fiona Apple, Jose Gonzalez, Yo La Tengo, or the Knights Orchestra to have a home near the shores of the Gowanus Canal.
    4. --If you think a gym is a less than stellar use of the Brooklyn Lyceum.
    5. --If you want affordable opera.
    6. --If you want Shakespeare.
    7. --If you want to see the likes of Ted Danson (tv show) or  or ...
    8. --If you thought it was cool seeing Adrien Grenier's band (The Honey Brothers).
    9. --If you ever attended an event at the Brooklyn Lyceum.
    10. --If you ever performed at the Brooklyn Lyceum.
    11. -If you got married at the Brooklyn Lyceum.
    12. --If you really like Mutt Shows or Comicons or epic Markets.
    13. --If line dancing matters.
    14. --If film festivals are cool.

Brooklyn Lyceum Music Playlist
(or music to learn legal by)

The issues can't be this simple.

There must be a flaw in your logic!

The courts wouldn't make things up!

All of these are valid thoughts. We understand that what we are saying might seem incredulous. We understand that you might think we are leaving out things that should come before our arguments. Well, here is where you can ASK ME ANYTHING!

Just email your question / statement to

We will answer the questions here:

The sections (tabs)now visible are just the beginning.  More will come online as they are fleshed out.