GROWLER 8 EASY
PIECES Due Process
Also, unwinnable situation won by resetting the rules by Captain James T. Kirk - Star Trek: TOS (Kobayashi Maru).
-- help collect procedural tricks of the judicial trade in a place where the self represented can research before they get screwed.
-- help observe at key junctures to make self represented more manageable.
-- let the courts know you a have a functional brainstem.
... System Observers because : A watched court more likely to do its job.
--unwatched systems tend towards abuse, watched towards accountability-- JafoMaru.com
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
- 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 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:
--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.
Judge Donald Scott Kurtz
“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”
If conflict of interest was not enough....
Ganfer liable for Bonnano fraudulent subpoena? MORE
As a general rule, attorneys are more trusted than mortal men.
They scoot by courtroom scanners with the wave of an ID. You or I would be arrested.
To get such a special place in the judicial system, a lawyer must, generally, pass a bar examination, and, they must swear an oath.
Swearing an oath subjects them to penalties if they so much as attempt to mislead the court or any party. Attorneys have wide latitude on the arguments they make as advocates, but they have no latitude, whatsoever, with the facts.
How many flat out lies will Avery S. Mehlman of Herrick and Feinstein commit for Greystone
Seems like a coverup of forgery by Jeffrey Simpson of Greystone MORE
Former Kings County ADA seems to have forgotten all those don't commit perjury, don't misrepresent things to the court and don't violate due process tenets of being a lawyer.
Maybe that's what being a lawyer means nowadays. We feel sorry for those this cretin convicted as an ADA.
Read on to see the tricks of the trade employed by Avery S. Mehlman and, by extension, Herrick and Feinstein.
We wonder how long they can keep this rotten fish around.
Maybe he needs to hit an actual dozen lies in one case?
Let's see what lies Avery makes ....
Get caught in filing a false instrument? Run off to Canada
Kyle has fallen from QUINN EMMANUEL to AFFLECK GREENE MCMURTRY LLP. Here is why... MORE
Did Judge Francois Rivera do a professional courtesy to let fraud slide?
He only had to read one page left out of 40+/- page document filed by plaintiff and attorney Kyle Taylor, Esq. (employed by Quinn Emmanuel / Affleck Greene McMurtry LLP)
to find that the attorney committed a fraud upon the court and why did the judge refuse to address the fraud allegation leading to an estimated $1,000,000 in legal fees and at least 40 hours of judge facetime in hearings on the case? What could the court have done with 40 hours of court time and untolled hours of reading papers and crafting decisions designed to avoid clear cut issues?
UPDATE: Kyle Taylor, Esq., a longstanding Associate at bad-ass law firm Quinn Emmanuel, has decamped north of the border to be an entry level associate at Affleck Greene McMurtry LLP.
Acting before swearing out required oath is really bad.
Joanna Peck of Adam Leitman Bailey took action as Inspector of Election BEFORE taking oath not to cheat! MORE
Tongue twister legal mumbo jumbo ...
Lieing lawyer lies to lawyer who lies for lieing lawyer.
Say that ten times fast. We dare you.
Did NYU Law School grad and former editor of the NYU Law Journal Joanna C. Peck of Adam Leitman Bailey PC really submit an oath that she had already acted fairly and impartially--- after acting as Inspector of Election instead of before as required by Law?
Kyle Taylor lied (see how here ) in Kings County Supreme Court swearing to one thing in one affidavit and then to the opposite thing in a second affidavit.
Kyle Taylor and his consort, Rajeev Subramanyem of American Express, violated co-op by-laws and lied to Joanna C. Peck of ADAM LEITMAN BAILEY, P.C. by leading Peck to believe that Kyle and Rajeev were members of the Board of Directors and that they had the right to engage Peck prior to an annual shareholders meeting. The process they violated is outlined in Section 6 of the co-op by laws.
Joanna C. Peck, after being hired in violation of the by-laws (by being hired before the annual meeting by non-board members and aforementioned lieing attorney Kyle Taylor and his consort, Rajeev Subramanyem of American Express (https://www.facebook.com/rajeev.subramanyam), swears that she showed her oath to Brett Wynkoop, the one required by New York Business Corporation Law § 610. Selection of inspectors at shareholders' meetings where it is made blatantly clear that no inspector of elections can start until they file an oath :
"Each inspector, before entering upon the discharge of his duties, shall take and sign an oath faithfully to execute the duties of inspector at such meeting with strict impartiality and according to the best of his ability."
See what Peck did there? Peck showed an oath to Wynkoop at the meeting on May 16, 2014 as noted in her affidavt two days later on May 18, 2014:
2. On Friday, May 16, 2014, at approximately 1:00p.m., I attended the meeting of the shareholders of 622A Peresident Street Owners Corp.(the "Corporation") at 251 Fifth Avenue,Brooklyn, New York (the "Shareholder Meeting.").
10. Mr. Wynkoop continued his objection to my designation as inspector. He also indicated that I did not have an oath to discharge my duties as an inspector as required under the BCL.
11. I indicated to Mr. Wynkoop that I did have such an oath and showed him a copy of the oath for his review.
Now, that becomes very interesting as Peck said that she produced a copy of the required oath on May 16, 2014. But, wait a minute. The affidavit contained an oath with this jabberwocky non-speak:
"...I have taken and signed an oath in which I acted fairly and impartially to perform my duties as Inspector of Election at the Annual Meeting of Shareholders held on the 16th day of May 2014, and honestly and truthfully report the results of said vote.
Wait... What? Peck, who was required to file an oath before taking any actions, swears under penalty of perjury that she produced one at the hearing but then submits an oath after the fact, after the May 16th "election" on the 18th, and that oath is not a promise, as required, to act fairly before the election, it is an oath that she already acted fairly.
Can't imagine that lieing is acting fairly. Maybe Peck will produce her oath. Why did she not file the oath she claims she took before acting with the affidavit?
Weaselly words, folks, weaselly.
The only takeaway a reasonable person, be they judge, jury or street peddler, is that Peck lied in her affidavit and covered up that lie with a nonsensical after the fact oath stating, not that she would act impartially, but that she had already acted impartially.
What a steaming pile by Peck.
Does her firm, ADAM LEITMAN BAILEY, P.C., condone this?
In fact, in a video stumping her firm, ADAM LEITMAN BAILEY, P.C., she bemoaned the fact that no one will ever pay attention to a poor little researchers legal gold nuggets:
"Nobody cares about what case you might know about, what little smoking gun you find in the documents." https://www.youtube.com/watch?v=EYgFOXNmwtE
Joanna C. Peck complained that no one notices the unheralded researcher's little smoking gun you find in the documents. Well, we noticed.
If this is the standard for being employed as a lawyer, it is a pretty low bar to pass (pun intended).
Sanctioned by Federal court for actions he now takes in state court.
This is what you would expect from a person who would sue a Developer who offered to give you your deposit back. MORE
Judges and Attorneys and Officers of the Court, OH MY!
Laws are simple, Politics not so much. MORE
Why we are here
Old-School Journalism is dead, long live the New School! MORE
THE GROWLER: 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.
During the decade that followed, journalism went into a tailspin and is now, effectively, neutered at the traditional point of origin, Main Stream Media, who are now too beholding to the entities they should report on that even the pretense of speaking truth to power is gone.
Then a media echo chamber of silliness on all sides effectively cauterized a Democratic-leaning populace into a zombie-like apathy at the polls.
Since then things have only gotten worse as no side substantively interacts with the brainstems of the American populace.
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.
Read on to see what we want to become.