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.

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 ...

  • BBC
  • --Dutch Rutte government resigns over child welfare fraud scandal
  • --Young, black and more likely to die in Brazil
  • --Indonesia earthquake: Sulawesi hospital among collapsed buildings
  • NEW YORK TIMES
  • --Mike Pence Calls Kamala Harris to Offer Aid and Congratulations
  • --Biden Outlines $1.9 Trillion Spending Package to Combat Virus and Downturn
  • --Senate Balances Impeachment Trial With an Incoming President
  • LA TIMES
  • --Dutch Cabinet collapses over childcare allowance scandal
  • --Filipino women reacted scornfully to President Rodrigo Duterte’s statement country’s top leadership
  • --Entire ICUs suffocated: Brazil hospitals run out of oxygen for virus patients
  • NPR
  • --Mexico Will Not Charge Former Defense Chief With Drug Trafficking
  • --Uganda's President Fends Off Opposition In Contested Election
  • --Coronavirus World Map: Tracking The Spread Of The Outbreak

Indie news of note ...

  • CHICAGO REPORTER
  • --Welcome Back!
  • --COVID-19 forces changes in strategies for anti-violence groups
  • --Black and Latinx owners are barely a blip on the cannabis revenue radar
  • ATLANTIC YARDS REPORT
  • --OK, the Nets mortgaged the future because... it's a business, of course.
  • --Nets gain superstar guard Harden from Houston, pay heavy price; superteam may be justified only by a
  • --School Construction Authority update: middle-school located in Atlantic Yards/Pacific Park tower due
  • CITY LIMITS
  • --The Check In: Jose Serrano’s Legacy in The Bronx
  • --NY Attorney General Sues NYPD Over Protest Policing
  • --Andrew Yang Brings His Movement to New York’s Race for Mayor
  • SAN FRANCISCO PUBLIC PRESS
  • --SF Prepares for Next Phase of COVID-19 Vaccinations
  • --How to Celebrate New Year’s Eve? For Some, by Earning Enough to Eat.
  • --Breed Criticizes Newsom’s Senatorial Pick, Urges San Franciscans to Stay Home for Holidays

Science feeds of note ...

  • SLASHDOT
  • --Intel Has To Be Better Than 'Lifestyle Company' Apple at Making CPUs, Says New CEO
  • --Apple Plans Upgraded MacBook Pros With Return of Magnetic Charging
  • --Ford Halts Focus Car Plant for Full Month Due To Chip Shortage
  • POPULAR SCIENCE
  • --Already had COVID-19? You still need a vaccine.
  • --These new flying taxis offer a glimpse at our future commutes
  • --The best humidifier: Fight dry air (and a dry nose) all winter long
  • REDDIT - SCIENCE
  • --Vote for Best of r/science 2020!
  • --The COVID-19 pandemic, which claimed more than 336,000 lives in the United States in 2020, has signi
  • --COVID-19 is not influenza: In-hospital mortality was 16,9% with COVID-19 and 5,8% with influenza. Mo

Evolution feeds of note ...

  • EVOLUTION INSTITUTE
  • --Economics Will Never Move If We Try To Change It Incrementally
  • --Learning from Evolution about Free Speech
  • --Evolution and Contextual Behavioral Science: Emotions and Empathy
  • CELL.COM
  • --Examining Natural History through the Lens of Palaeogenomics
  • --Current Knowledge Already Justifies Underwater Noise Reduction
  • --A Broader View on Mate Choice and Assortative Mating by Behavioral Type: A Reply to Dingemanse et al
  • FRONTIERS IN
  • --Comparative Neurobiology of Biogenic Amines in Animal Models in Deuterostomes
  • --On the Potential Role of the Neural Crest Cells in Integrating Pigmentation Into Behavioral and Phys
  • --Blue, Black, and Stripes: Evolution and Development of Color Production and Pattern Formation in Liz
  • NATURE.COM
  • --Genetic barcoding of museum eggshell improves data integrity of avian biological collections
  • --Black spicules from a new interstitial opheliid polychaete Thoracophelia minuta sp. nov. (Annelida:
  • --Unexpectedly high mutation rate of a deep-sea hyperthermophilic anaerobic archaeon

Espresso feeds of note ...

  • REDDIT COFFEE
  • --[MOD] The Daily Question Thread
  • --[MOD] What have you been brewing this week?/ Coffee bean recommendations
  • --Made this for some friends still using scoops and cups to measure coffee for filter coffee. Hope to
  • COFFEE TOGRAPHER
  • --Long Beach’s Wolf’s Brew New Design is More than Package Deep
  • --fashion.: Gucci’s The North Face Campaign Includes a Coffee Relic
  • --A Gift Guide for Anytime of the Year.
  • PERFECT DAILY FEED
  • --Coffee News Recap, January 15th: Covid-19 costs US coffee chains $11.5 billion & other stories
  • --Swirl Or Stir? Achieving Even Extraction With Filter Coffee Drippers
  • --Do We Need To Reduce Dairy Consumption In The Coffee Sector?