JafoMaru

JAFOMARU
--JAFO: Just Another F--king Observer
(unwelcome, but necessary, 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).
-- judicial tricks thwartable by focused attention to remove friction from the legal system for those who represent themselves.
-- collecting procedural tricks of the judicial trade in a place where the self represented can research before they get screwed.
-- key juncture observers to make self represented more manageable.
... System Observers because : A watched court more likely to do its job.
unwatched systems tend towards abuse, watched towards accountability
JafoMaru.com

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
HARUCHAI

HARUCHAI
A movement of reason. -- A nascent organization to
provide information on, and opposition to,
judges and politicians up for re-election
if those judges and politicians
have the habit of ignoring the law and their oaths.
haruchai.com

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
ALL I
CAN STANDS

ALL I CAN STANDS
(I Can't Stands No More) - Lawyers, judges and referees ... OH MY!.
--sometimes they fall on the dark side.
-- ALLICANSTANDS documents their fall.
Shining a teeny tiny flashlight on a few bad apple lawyers.
allicanstands.com

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
THE
GROWLER

THE GROWLER
Journalism ain't what it used to be
--A years late followup to some heated discussions about the future of journalism.
-- Which led to a process diagram sketched on the back of an envelope that was promptly ignored for years.
-- Then a media echo chamber of silliness effectively cauterized a Democratic leaning populace into a zombie-like apathy at the polls.
-- Not only must objective critical analysis occur (whether or not we call it journalism), that work needs to be given a fertile and sustainable soil from which to spring. The Growler is that soil. -- thegrowler.org

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
8 EASY
PIECES

The Inevitable return of the Brooklyn Lyceum


-- We are documenting a decade of malfeasance with commentary.

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
Due Process
$$


The 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.

Judicial due process violations brought to you by
Judges Donald Scott Kurtz, Reinaldo Rivera & Devin Cohen
PASS JUDGMENT ON JUDGES WHO:
Ignore Jurisdictional challenges,
Grant motions on no notice,
Grant relief not requested,
Find Oct. 17 is AFTER Oct. 26 &
Retroactively alter docket for lender.
refuse to provide court reporter
commit perjury to appellate division

Judge Donald Scott Kurtz

“When a case is before me, I try to give it my full attention,”
“Some judges would have just read the papers and signed them,”


Judge Reinaldo Rivera


“we will get to the bottom of this”
“the 2nd department has an excellent reputation”


DIRTY DEEDS IN THE NYC

GREGORY CERCHIONE - Criminal, Incompetent or Criminally Incompetent?
We believe he is a crook MORE

Overview -

It is hard to tell if it is laziness, incompetence, hubris, greed or corruption. A case is can be made that is is a bit of all five, especially when the courts turn a blind eye to the problem.

What really remains to be seen is.... how much deed fraud is too much for the system of property transfer in NYC to withstand?

It is really quite simple. Deeds are the currency of real estate. There are strict rules that must be followed lest the whole thing go sideways.

It is so important that those rules are followed that whoever lends you money to buy real estate almost always requires that you get title insurance from someone who will research the chain of title step by step from time immemorial to the date of the transaction to make sure that you are getting something with a legit title. The title company insures the bank/buyer to the amount of the purchase price based on paying a premium.

  • Sometimes Title Companies make mistakes. They pay for those to the amount of insurance.
  • Sometimes Title Companies work fast and loose with the truth. They pay for those to the amount of insurance.
  • Sometimes Title Companies don't do due diligence. They pay for those to the amount of insurance.
  • Sometimes Title Company clients fraudulently induce them into insuring something. They either pay or tell their client that they are not required to pay because fraud cannot be the basis for a contract.

Where it gets really interesting is when the banks are too cozy with the developers and loan based on the property itself as collateral. If the buyer fails to pay they take the property. Simple, no?

But what happens if the deed itself is bad and there is no collateral for the bank to attach to?

Temporal anomalies

are not just for Star Trek anymore.
and are Fatal to a Deed, expensive to Title Companies and Lenders, and can be Fatal to a Law and/or a Notary License MORE

NEW TAB -
NEW CONTENT

Old Guard still standing ...

  • NPR
  • --Coronavirus World Map: We've Now Passed The 100 Million Mark For Infections
  • --Israelis and Palestinians See Starkly Different Coronavirus Vaccination Numbers
  • --All Female Flight Crew In Afghanistan Makes History
  • LA TIMES
  • --Amazon rainforest plots sold via Facebook Marketplace ads: Parts of Brazil's Amazon rainforest are b
  • --Furious crowd forces armed police officers to release men arrested for kissing on a beach in Mexico
  • --An ornate Roman chariot has been discovered "almost intact" near Italy’s buried city of Pompeii, the
  • NEW YORK TIMES
  • --Second Former Aide Accuses Cuomo of Sexual Harassment
  • --Lindsey Boylan, Ex-Aide, Says Cuomo Sexually Harassed Her
  • --Andrew Cuomo Is Under Fire. Can He Be Defeated?
  • CHICAGO TRIBUNE
  • --You’ve gotten your second COVID-19 vaccination. When will your life get back to normal?
  • --Here’s what you need to know about COVID-19 vaccines in Illinois
  • --Boy, 16, killed in Marquette Park shooting after 2 gunmen chase him down street, authorities say

Indie news of note ...

  • NEW HAVEN INDEPENDENT
  • --Welcome To WNHH!
  • --New Warrant Charges Pan With Murder
  • --New Vaccination Clinics Announced
  • CHICAGO REPORTER
  • --HBCUs and Black Doctors Address COVID-19
  • --CPS Reopening Fuels Elected School Board Talk
  • --Dead But Not Forgotten: Police Brutality Lives On
  • BALTIMORE BREW
  • --At Filbert Street Garden: Fresh produce, eggs, honey and now, Wi-Fi
  • --Changing course from past mayors, Scott will no longer use a former Sandtown school as a homeless sh
  • --Fate of former school is a source of concern for Sandtown-Winchester

Science feeds of note ...

  • REDDIT - SCIENCE
  • --When teachers offer positive encouragement to disruptive students, rather than focus on the negative
  • --Perception of time slowing may influence the suicidal process - A new study, published in European N
  • --Therapy may help you find a job. In a new study, 41% of unemployed or underemployed people undergoin
  • SLASHDOT
  • --America Authorizes Johnson & Johnson's COVID-19 Vaccine For Emergency Use
  • --How Facebook Silenced an Enemy of Turkey To Prevent a Hit To the Company's Business
  • --Apple's Powerful M1 MacBooks are Lowering The Resale Value of Older MacBooks
  • PHYS.ORG
  • --Roman chariot unearthed 'almost intact' near Pompeii
  • --Oahu marine protected areas offer limited protection of coral reef herbivorous fishes
  • --Flood-prone Miami to spend billions tackling sea level rise

Evolution feeds of note ...

  • NATURE.COM
  • --Sociality sculpts similar patterns of molecular evolution in two independently evolved lineages of e
  • --Global aerobics before Earth’s oxygenation
  • --High diversity, inbreeding and a dynamic Pleistocene demographic history revealed by African buffalo
  • CELL.COM
  • --Do Reverse Janzen-Connell Effects Reduce Species Diversity?
  • --Quantifying the Interrelationship between Livestock Infections and Climate Change: Response to Ezenw
  • --Waxing and Waning of Wings
  • FRONTIERS IN
  • --Characterization of the Leucistic Texas Rat Snake Pantherophis obsoletus
  • --Amphibian Hormones, Calcium Physiology, Bone Weight, and Lung Use Call for a More Inclusive Approach
  • --The Development of Arthropod Segmentation Across the Embryonic/Post-embryonic Divide – An Evolutiona
  • NYTIMES: EVOLUTION
  • --7 Virus Variants Found in U.S. Carrying the Same Mutation
  • --Tiny Blobs of Brain Cells Could Reveal How Your Mind Differs From a Neanderthal’s
  • --Running Is a Total Body Affair

Espresso feeds of note ...

  • PERFECT DAILY FEED
  • --Coffee News Recap, Feb 26: Nespresso sales up 7% in 2020, over 1,800 samples sent to COE Ethiopia &
  • --How can coffee roasters drive change at origin?
  • --“The beauty is that we produce the coffee”: Exploring manual brewing’s popularity in Indonesia
  • COFFEE TOGRAPHER
  • --The cup in Casablanca’s Ski Club Campaign, Friedhats Social Panel Project, Bird Rock Coffee Spotligh
  • --My Oat Sense on Willa’s Oat Milk
  • --hopper.: Everybody’s Busy Rap Duo Menu, Blk&Bold Is Targetwide, Film ‘Promising Young Woman’s’ Make
  • SPRUDGE
  • --Coffee Design: Tony’s Coffee Celebrates Fifty Years Of Roasting
  • --2021 World Of Coffee Canceled Due To COVID-19
  • --These Mugs Are So Cute I Want To Scream