Captain Kirk would have a tough time with Brooklyn Courts
Star Trek's Captain Kirk re-programmed a Star Fleet Academy simulation that was designed to have the Star Fleet candidate either lose his ship, himself and all his crew in battle or lose a freighter (the Kobayashi Maru) in the Neutral Zone.
That was a situation no one could win, a Catch-22. In Brooklyn Courts we have a worse situation, judges re-programming (altering) the docket to avoid what the record and the abandonment statute, CPLR 3215(c) required, dismissal of the case as abandoned.
The Brooklyn Lyceum, aka Public Bath #7 (by Raymond Francis Almirall), a community fixture for 20 years as a theater / cafe / gym / batting cage, needs your help, a couple of affidavits, and, if it works with your schedule, an appearance here and there to let the courts know someone is watching.
The courts (lower and appellate), in an ill advised attempt to short circuit due process for the Brooklyn Lyceum (made up multiple dispositive facts, selectively quoted caselaw, altered the docket for the benefit of the Plaintiff, ignored attorney perjury, ...), created a winnable battle for the Brooklyn Lyceum in that, under the altered record:
- Plaintiff failed to serve initial Notice of Motion (or any papers whatsoever) on Lyceum Attorney.
- Plaintiff Notice of Motion cites, as the required document, an affidavit that does not exist.
- Plaintiff Notice of Motion dated October 13, 2009 cites non-existent, and impossible, October 26, 2009 Affidavit.
- Plaintiff Notice of Motion asks for relief (Judgment of Foreclosure and Order of Reference) under a statute that does not allow for Judgment of Foreclosure or Order of Reference.
- Decision by Judge Donald Scott Kurtz is premised on two affidavits that do not exist, one cited to by the Plaintiff in the motions papers, and, one out of whole judicial cloth.
- Same Decision grants relief not requested in Motion (Judgment of Default) and relief not available under the statute presented as the basis for the Motion (Order of Reference).
- Another Notice of Motion, to foreclose on the Lyceum, notices everyone on March 18, 2011, to attend a hearing on April 17, 2001, A DECADE IN THE PAST!!
HERE IS HOW YOU CAN HELP:
- Read, and mentally process, all the tabs. We know it will take some effort, but the payoff is worth it. If you already believe us and want to dig right in, read and become one with the 4 RED tabs.
- Sign & send a couple of affidavits regarding what you have processed regarding the bullet points above.
- If it works with your schedule, show up at a hearing on occasional basis.
- Or, if direct participation is not your bag, buy things from brooklynlycem.com/viewart or roxysteeparlour.com .
- Or, if you just want to help in the least involvement way possible, give $$ to the cause (https://brooklynlyceum.com/viewart/5) that may entail a new attorney and two projects to help keep this from happening to other people.
THE PAYOFF: Convert your affidavits and our use of your affidavits or your appearance at some hearings or your contributions into curatorial voting rights when the Brooklyn Lyceum rises from the ashes. Help program a venue that has seen the likes of Fiona Apple, Amanda Palmer, Vernon Reid, Yo La Tengo,
Marc Ribot, Jose Gonzalez, and scores of others.