Courtesy of jafomaru.com- a little sunlight is best disinfectant
Brooklyn Lyceum Maru - Just Us?
cultural town hall seeks due process programming warriors - facts, law and caselaw are unequivocally on the side of the Brooklyn Lyceum, the courts, not so much.
PREAMBLE

Richard Pryor once had a bit about justice ...

"If you're {going downtown..}looking for justice, that's just what you'll find -- just us."

JUDGES

The rules that judges are required to follow aren't that hard, and, in New York, you need to be an attorney for 10 years before you can be elected a judge.

The decade of service rule is a simple one that ensures, by way of ten (10) years of legal experience, that you probably know what due process is and what discretionary is, but probably has a sinister alternate reasoning,  ..ten years is enough time to learn what to do when you don't have any preconceived opinion and how to do what you want to do when you have a preconceived opinion.

RULES

Those rules are defined by hundreds of years of caselaw (the "common law"), the United States and New York State Constitutions, the statutes that approximate the "common law", and decisions since the statutes that expand the statute to encompass, minimally, the "common law" it "replaced", save for places where the statute explicitly replaced, removed (such as the removal of common law marriage in New York  State), modified or even expanded the "common law" (such as motions to vacate).

But with regards to due process, that thing without which we are nothing, it is excruciatingly simple, NOTICE and OPPORTUNITY TO BE HEARD.

Anywhere Notice and Opportunity to be Heard are missing, the court never obtained the right to rule.

We have run into some stellar judges (Arthur Schack, Remy Smith), but most really beat up on the self represented by ignoring DUE PROCESS , and the beast that rears its head when due process is ignored/denied/violated, JURISDICTION, another spin on the court's right to rule.

ANY FOOL WITH A FUNCTIONAL BRAINSTEM CAN SEE:

That something is amiss.

Simple laws, simple facts, simple caselaw and different decisions for the self represented than those represented by counsel show how skewed the system is, unwatched by non-parties.

Thus, JAFO MARU

Seeking to compel the judicial system to do what the rules require, whether it is convenient or not.

PROJECT

Collect due process warriors who, in return, get votes in programming the Brooklyn Lyceum, an arts facility that will be resurrected, in no small part, by their attentions.

Due process warrior does a combination of (list evolving)):

  • A:-Plaintiff Perjury about whether defendants had interposed an answer
  • --Read a few lines in a certified court docket.
  • --Read a certified copy of an affidavit by an attorney swearing no interaction with defendant.
  • --Read a short decision and note that it is premised on such swearing no interaction with any defendant.
  • --Read a certified copy of an affidavit by that same attorney years later (after having succeeded swearing  no interaction), in response to a motion premised on the non-interaction, swearing multiple interactions with attorney for defendant by the time of the first affidavit.
  • --Read another short decision by that same judge now using the sworn to have both occurred and not occurred interaction with defendants to support the decision premised on  the sworn to have not occurred interaction with defendants.
  • (this is a logical headache because it is wrong)
  • --That judge, Donald Scott Kurtz, is up for re-election in November of 2019.  Might be a good time to un-elect him.
  • B: -Plaintiff notices defendants to appear a decade in the past
  • --Reads a two page notice of motion noticing defendant to appear a decade in the past.
  • --Read the decision in that case and note it is premised on, go figure, failing to appear a decade in the past.
  • --Judge, and his clerk fail to notice this jurisdictional non-starter.
  • --That judge, Donald Scott Kurtz, is up for re-election in November of 2019.  Might be a good time to un-elect him.
  • C: -Appellate Court finds that 19 > 26
  • --Note datetime stamp of two papers, October 19, 2012 and October 26, 2012.
  • --Observe mathematical law that 19 < 26.
  • ---Read a short decision by Appellate Division, Second Department Judge Reinaldo Rivera finding the Brooklyn Lyceum has no rights because  19> 26.
  • --That judge, Reinaldo Rivera, is up for re-election in November of 2019.  Might be a good time to un-elect him.
  • D: - Appellate court refuse to reconsider its finding that 19> 26.
  • --Read subsequent one line denial of reconsideration of the finding the mathematical impossibility 19> 26.
  • --That judge, Reinaldo Rivera, is up for re-election in November of 2019.  Might be a good time to un-elect him.
  • E: - Appellate court (Judge Reinaldo Rivera) and Lower court (Judge Donald Scott Kurtz) failed to address impact of finding that implicitly found appearance by counsel.
  • --Stating that the Plaintiff moved within a year of failure to answer without doing the math, when teh math from the face of the record would have made the court dismiss the case as abandoned. on  fact that 

  • LASTLY:
  • --Reads some statutes.
  • --Reads some case law (we will provide the cases full cases as well as the relevant snippets).
  • --Signs an affidavit about some of the aforementioned simple things.
  • --NOTE:  the list will grow as we boil down some other weird decision to irrefutable logic, most interestingly, some vague wording in a decision that tries to cover up that one can fail to answer after actually appearing and getting extension of time to answer (Judge Reinaldo Rivera again).

  • THE LYCEUM:
  • Will use the affidavits if they are of the required format and content, and, upon acceptance of proper affidavit or use of that proper affidavits, either allocate programming votes to the warrior such that the warrior has a say in programming the Brooklyn Lyceum, or, provide some other appreciation for the warriors efforts (choose from a few causes dear to the Brooklyn Lyceum's heart.

HURDLES
  • --Preparing "PROJECT" section such that it is clear and concise.
  • --Creating process to submit affidavits and notice events.
  • --Create voting process.
  • --Getting the word out to Brooklyn Lyceum crew from the past.
  • --Getting word out to past presenters.
  • --Getting word out to past performers.
  • --Getting word out to past attendees.
  • --Getting word out to artists/performers in general.
  • --Getting word out to presenters in general.
  • --Getting word out to lawyers in Brooklyn
  • --Getting word out to lawyers in New York City
  • --Getting word out to law schools nation wide
  • --Getting word out to law journals
  • --Getting word out to theater, music, dance, art schools
  • --Getting word out to due process organizations
  • --Getting word out to nominating committees for judges.
  • --Getting word out to law professors.
  • --Get word out to general public.

GET WORD OUT !!!

PROGRESS

Word getting out to Lyceum Crewe, those who crossed Lyceum threshold and newbies:.

Votes allocated to date:

As of :

  • 08/08/2019:        188
  • 08/01/2019:        163
  • 07/01/2019:        120
  • 06/10/2019:        104
  • 05/21/2019:        82
  • 05/09/2019:        48
  • 05/05/2019:        17
  • 05/02/2019:        6

JUDGES

DONALD SCOTT KURTZ (and law clerk,now judge, Gina Abadi)- Up for re-election November, 2019.

  • --Failed to notice that Plaintiff noticed defendants to appear a decade in the past.
  • --Refused, in violation of Section VI of the New York State Constitution, several times over a period of years to provide court reporter to hearings where lack of jurisdiction was argued (and never denied by opposition). 
  • --Failed to address perjury by counsel for Plaintiff when it became clear that Affidavit in Support of Motion for default was a lie.
  • --Lied to Appellate Division, Second Department.
  • --Perjured themselves to Appellate Division, Second Department

REINALDO E. RIVERA, J.P. - Up for re-election  November 2019

--Said, at Lyceum Oral Argument, when jurisdictional issues were raised, that:

  •     "the Second department has an excellent reputation"
  •     "we will get to the bottom of this"

  • --Failed to address the jurisdictional arguments in decision, and thus, to get to the bottom of anything.
  • --Found that 19 > 26 in a decision.
  • --Refused to address the mathematical certainty that 19< 26 in the motion to reconsider.
  • --altered appeal brief stating that, despite the words on the appeal brief page and without any discussion, 

JOHN M. LEVENTHAL 

VALERIE BRATHWAITE NELSON, JJ. 

HELP THE CAUSE

USE WARRIOR BRAIN STEM:

Accomplish the affidavit tasks to garner votes (10 per affidavit and one per use) for programming the Brooklyn Lyceum.

Note that you can proxy  or transfer the votes to another entity.  So if you like a theater troupe, proxy or transfer your votes to them.

USE BODY:

Appear when called on and garner 20 votes per appearance with proxy ability as in affidavits.

USE WALLET:

While dollars are not the purpose, they can help.

Either buy something by clicking on a vendor below (and get one vote per shipment),

or help a larger cause,

a review of one year of decisions of the New York State Supreme Court Appellate Division, Second Department, the one with "the excellent reputation" that gets "to the bottom" of things.  Do so here  : https://jafomaru.com/wip/10090

AskMeAnything

You may be incredulous. 

You may be an an enemy.

You may just want more information.

Email us any question at jafomaru@gmail.com.

VOTES

Voting for those who helped the Brooklyn Lyceum since December 16, 1994.

VOTES  (this is tentative and classes and ratios subject to revision)

DUE PROCESS WARRIORS

  • --SUBMITTED AND ACCEPTED AFFIDAVIT = 10 votes
  • --EACH USE OF AFFIDAVIT = 1 vote
  • --EACH APPEARANCE = 20 votes
MARKET WARRIORS - Ongoing

  • BUY SOMETHING FROM A VENDOR AT BOTTOM OF HOME PAGE = 1 vote per purchase shipment.

CULTURE WARRIORS

  • --LYCEUM CREWE                         = 1 per participatory month.
    • --RUN PRODUCER ENTITY            = 10  per week of run.
    • --RUN CREATIVE                             = 2 per week of run.
    • --RUN CREWE                                 = 1  per week of run
  • --RUN PERFORMER                        = 1 per performance
  • --MARKET/CONVENTION TABLER  =  1 per table day (2/day if booth)
  • --FESTIVAL PRODUCER ENTITY     = 20  per festival week
  • --FESTIVAL CREATIVE                     = 2  per festival week
  • --FESTIVAL ENTRY LIVE                  = 1 per festival performer
  • --FESTIVAL ENTRY - NOT LIVE        = 1 per festival
  • --PUBLIC EVENT RENTAL                = 5
  • --PUBLIC EVENT PERFORMER        = 1 per rental
  • --PRIVATE RENTAL                             = 1 per week


VOTING
We are developing a secure online voting mechanism with proxy mechanism so you can transfer your votes, forever or for a time, to another entity.

BECOME WARRIOR

The Due Process Warrior project does not fully start till 9/1/2019, but you can act now and those votes will count once you vest them with your first affidavit.

We could use some warm bodies to watch some judicial hearings.

Show up at one of these hearings and you will get 20 votes that will accrue when you your first affidavit is credited.

Hearings to be amazed at:

We have a hearing in front of Judge Devin Cohen on 8/14/2019 @ 10:15AM where:

  • we show that you cannot avoid a motion to dismiss by amending a complaint, especially if that amended complaint fails to correct what inspired the motion to dismiss.
  • we show that you cannot fail to address a challenge to standing.
  • we show that you cannot fail to address a challenge to jurisdiction.
  • we show that faith in the work of a man (David Siegel) cited 250+ times by the New York State Court of Appeals is not misplaced.  
  • That is Judge Devin Cohen, he of the "You have to know which rules you can break and which you can’t break."

Show up, watch the hearing and chat with us after.

Unelecteds

Two of the judges who have been slack in enforcing their oaths, constitution, laws and the rules are Judge Donald Scott Kurtz and Judge Reinaldo Rivera.

Both are up for re-election after their 14 year term on November 5, 2019.

If they can't be bothered to follow the rules and law and such after 14 years, lets put someone, anyone, in their place.

Quite simply, don't re-elect judges who are not smarter than a 5th grader.

The Unelected process can be found here : https://haruchai.com/wip/10092.