Brooklyn Lyceum
a once and future theatre, coffee shop, gym and sometimes public square
w/ new future dictated by NYS appellate court finding that Defendant Lyceum had attorney
We can "MAKE --- IT --- SO" quicker with your help - Read! --- Think! --- Act! --- Appear!
Brooklyn Lyceum needs
YOUR
PROCEDURAL DUE PROCESS ASSIST:
(You only get the rights you fight for)
Read! --- Think! --- Act! --- Appear!
help usher
the arc of Brooklyn justice towards procedural due process
via inevitable
unwinding of the foreclosure sale of the Brooklyn Lyceum
as Court of Appeals
confirms throwing Plaintiff from frying pan (abandoned case)
into the fire (failure to serve any papers on Defendant's attorney):
& EARN
STAKE in programming the Brooklyn Lyceum 2.0
HELP "MAKE IT SO !"

6 Easy Pieces
READ!---THINK!
...gain understanding...

STEP 1
read layman's roadmap to Decision On No Notice to Defendant (Lyceum) attorney.
STEP 2
read short summary of common law v. statute &
common law appearance v. statutory appearance in New York
STEP 3
read short summary of statute on requirement to serve atty all papers
& of failure to serve atty notice failing to invoke power of the court.
STEP 4
read short summary of how failure to invoke power of the court :
---never empowers court to rule on the motion
---vests no rights
---creates no deadline, aka Statute of Limitations, to vacate (overturn) such a decision.
STEP 5
READ:
---portion of plaintiff atty sworn statement (in support of motion) swearing no appearance by any defendant.
---portion of lower court decision premised on that Plaintiff atty sworn statement.
---portion of subsequent plaintiff atty sworn statement swearing no communication whatsoever with any Defendant
---portion of subsequent plaintiff atty swearing communication between plaintiff atty and Defendant atty.
(extensions of time to answer complaint and answer served on plaintiff atty and rejection of answer)
---1 page extension of time to answer submitted by plaintiff atty to show plaintiff did not abandon case.
---proof of serice of motion NOT on Defendant (Lyceum) attorney.
STEP 6
Think: if plaintiff now swears plaintiff granted extension of time to answer to atty for Defendant Lyceum but proof of service of motion does not show sevice on that atty, how can decision on that un-served motion stand?

6 Not So Easy Pieces
ACT!---APPEAR!
...earn/use/transfer cultural programming votes...
{or trade in those votes for time or cash for a cause}

STEP 1
choose / edit / notarize / send affidavit
(? votes when accepted, ? vote each time submitted to any court by Lyceum until decision overturned)
STEP 2
1st to submit a case, from any jurisdiction, supporting (or contradicting) one of the following points ( ? vote ):
---Failure to serve attorney never invokes power of the court
---decisions made without invoking power of the court vest no rights
---decisions made without invoking power of the court create no deadline, aka Statute of Limitations, to vacate such a decision
after having submitted an accepted affidavit:
STEP 3
... appear live at hearing (? votes)
.... appear zoomlike at hearing (? votes)
.... appear live at event (? votes)
donate to swaslu.com (coffee business) - ? vote per $?
can draw down as coffee (?% discount)
STEP 4
convert former lyceum sweat equity to votes
STEP 5
convert remaing votes to time or $$$ for a cause.
Too much time - effort - thinking:
STEP 6
I dont want to vote on programming, don't want to give indirectly to a cause and dont like coffee, i just want to help you offset costs incurred till the decision is overturned.

MEH, WHY DOES THAT MATTER?:

Power of the court MUST be invoked
by proper procedure
else decisions the court makes
never attain any authority,
even if perceived to have authority for decades.
see United States v. Lee, 106 U.S. 196 (1882)
USA had to rebuy Arlington National Cemetery
a decade after it became a cemetery for lack of proper service.
Only proper service of the complaint
invokes the power of the court.
As a motion is a mini-case
improper or lack of service of the notice of motion on the parties
or facial insufficiency of the notice of motion fail to invoke the power of the court.

OK, WHAT ARE THE GOTCHAS?:

Participation, on the merits, in motion
w/o raising lack of procedural due process
can waive lack of procedural due process.
(did not happen, so unwaived)
Defendant forwarding papers
inappropriately served on Defendant to Defendant atty.
can waive lack of procedural due process.
(did not happen, so unwaived)
Attorney appearing at oral argument
w/out arguing lack of procedural due process
can waive lack of procedural due process.
(did not happen, so unwaived)
Attorney serving opposition papers
w/out arguing lack of procedural due process
can waive lack of procedural due process.
(did not happen, so unwaived)
Passage of time, even decades
cannot waive lack of procedural due process.
Facially, fatally defective notice of motion
absent waiver of fatal facial defects ...
cannot invoke the power of the court.

WHAT IS NEXT?

  • We are starting to prepare
    a motion to undo 1st decision in case which was a decision on no notice to Lyceum atty.
    This will lead toward vacating the foreclosure sale
    of the Brooklyn Lyceum.


WHAT DO WE GET IN RETURN?

Well, a warm fuzzy feeling is not enough. So ...
Prove your work ...
... to Earn your votes!
YOU:
READ!
THINK!
ACT!
APPEAR!
WE:
ADD UP VOTES!
IMPLEMENT VOTING SYSTEM!
A VOTING SYSTEM THAT ALLOWS FOR ....

-- voting for events/acts at the Brooklyn Lyceum (or any proxy Lyceum), and
-- temporary (or permanent) transfer of voting rights, and
-- conversion of votes to future time spent and/or $ for another cause you prefer, and
-- former Lyceum participants to garner extra votes for past Lyceum service!
Since theorizing proof of work for votes in programming an arts facility
it has been noted that what people are really doing is ensuring procedural due process and that the voting ought, also, be used to help others get procedural due process.
The Lyceum may not be what floats everyone's long term boats.
Exchange Programming votes for either hours of time or dollars for a cause you choose from our ever-expanding list.
Have us help someone else once you help us and we come up for air,
a procedural due process paying it forward!
In addition to Lyceum programming votes, you get votes in directing the procedural due process engine jafomaru.com
those votes can also help choose litigants to help and how to help them get procedural due process using a library arsenal of procedural due process information built from Brooklyn Lyceum experiences and any other sources we can scrounge.

SIGN ME UP!!!

We have split off the
earning stake/votes to:
jafomaru.com
application of curatorial (programming) votes to
gowanagus.com
^
^