... System Observers because ...
unwatched systems tend towards abuse,
watched systems towards accountability

-- JAFO = Just Another F--king Observer
(someone there to watch but who is unwelcome to those being watched).

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

-- We have seen many judicial tricks and have determined
a little focused attention might remove some friction from the legal system for those who represent themselves.

-- We seek to collect up procedural tricks
of the judicial trade in a place where
the self represented can research before they get screwed.

-- We also think observers at key junctures could
make the life of the self represented more manageable.

A watched court more likely to do its job.

Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera

A movement of reason.

-- A nacent organization to
provide information on,
and opposition to,
judges up for re-election
if those judges
have the habit of
ignoring the law and their oaths.

Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera

(I Can't Stands No More)
Lawyers, judges and referees ... OH MY!.

-- Lawyers

sometimes fall on the dark side.

-- ALLICANSTANDS documents their fall.

Shining a teeny tiny flashlight on a few bad apple lawyers.

Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera

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.

Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera

The Inevitable return of the Brooklyn Lyceum

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

Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
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.
  • It should be noted that the Plaintiff proof of service of this motion swears to have served both the Lyceum and Richmond at the Brooklyn Lyceum address. There is no mention of serving any counsel for the either.
  • 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.
    --The Decision referenced documents that did not exist at the time of the October 26, 2009 Notice of Motion, and, as such, they were outside the record and unavailable to the court.
  • The judge then followed it up by granting a motion on no notice.
  • 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 court is required to address jursdictional arguments before it takes any action after they are raised.
  • Instead, Judge Kurtz, rather than addressing the jurisdictional challenges, as required, 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 too late (abandoned).
  • Once the appeal was fully briefed, it took 2.5 years to get calendered for oral argument.
  • In those long 2.5 years, the Lyceum continued to mine the docket and law books to prepare.
  • The Lyceum found three things:
    --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.
  • At oral argumment, the Lyceum raised these three jurisdictional challenges, and, as such, can be raised as late as oral argument on appeal.
  • 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.
    --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.
  • 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 violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
PASS JUDGMENT ON JUDGES WHO: Ignore Jurisdictional challenges, Grant motions on no notice, Grant relief not requested, Find Oct. 19 is AFTER Oct. 26 & Retroactively alter docket for lender.

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”


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


Old Guard still standing ...

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  • NPR
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  • BBC
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Indie news of note ...

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Science feeds of note ...

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Evolution feeds of note ...

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Espresso feeds of note ...

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