Vetting & Stumping Stealth Write-in Candidates!

Attorneys who value the brains of our forefathers and are smarter than a 5th grader!

UnElecteds
When the system give you a lemon, return it!
Remove judges who ... are not smarter than a 5th grader MORE
Political machine inertia ...
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... is the primary force in elections.

With so much going on in everyone's lives outside the election of judges, very rarely is the public informed enough to make an informed decision when an attorney is first up for election as a judge, resulting in party-line votes without any substantive evaluation of the candidates.

But in the Kings County Supreme Court, they must come up for re-election every 14 years for Supreme Court and 10 years for Civil Court.

After a decade or more of being a judge, one has more than party-backing to go by.

Until recently, reviews of how a judge did during his or her 10/14 year term were hard to come by.

Now we present scorecard of sorts.


the HARUCHAI
a bloodguard for politics?
come to pillage, stay to serve MORE
Early Millenium Migration
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Early in the millenium, educated young people migrated to (cheap) places where they could congregate.

They sought adventure there, in the coastal cities, places where many of there parents had fled in the decades long exodus to the suburbs (Levittown, Naperville, ...)

Then the recession struck, a by product of specious financial regulation and billions and billions on questionable wars to protect, mostly, oil interests.

This may have just been a blip in history, but those young-ish needed to eat, and put a roof over their heads.

Once congregated, they became a market unto themselves with critical mass enough to support almost anything as long as they were willing to live in the abandoned carcass of the cities.

Being a recession and all, they created their own economies by reinventing artisanal craftsmanship everywhere there had been just bland commodities for decades.

Beer, Pizza, chocolate, coffee, COFFEE, soda, mustard, mayonnaise, peppers, cupcakes, barbeque, whiskey, theater, music,  ...

It was if a great cry arose and said, YUCK!

Nowhere was this most evident than in Brooklyn, close enough to the wellspring of all media, Manhattan, but far away enough for cheap rents in nearly abandoned neighborhoods (Bushwick?).

They worked this for awhile and even elected the first black president, in part, by using nascent social media and sending droves of people to toss-up states door to door. 

Then they went about their non-political business as the economy slowly recovered.

Until 2016, the vote heard round the world.

All the media championed a candidate that had a several million vote advantage OVERALL, but failed to address the chess game afoot, the ELECTORAL COLLEGE, the only game that mattered (whether you agreed with the rules or not, they are the rules in play).

It is often said that votes are yards and states are touchdowns.

Who hasn't seen a team garner massive yardage but fail in the red zone.

The losers complained that they didn't know it was about touchdowns, but that yards should be the only metric.

They then complained that social media was used to influence voters, as if that hadn't been the case in 2008, whether foreign backed or not.  Disingenuous at best.

But then came the 2018 mid-terms and a shift in the firmament occurred.  Longstanding politicians saw the handwriting on the wall and did not run for re-election.  Other long time elected officials played the same old game and got beat by any other perspective than holding on to power for the boomer generation.

Thus, Ocasio-Cortez.

It is with this background HARUCHAI.com exists to rock the vote by removing elected officials who are demonstrably, not smarter than a 5th grader.

TheGrowler
Why we are here
Old-School Journalism is dead, long live the New School! MORE
A little about us...
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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.

Brookyln Lyceum Maru
altering the timeline has unexpected effects
or, you only get the rights you fight for ... MORE
WORSE THAN KOBAYASHI MARU
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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)  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 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.

ONCE MORE UNTO THE BREACH
into court for lyceum due process
tell us if you get it MORE
YOU CAN'T MAKE THIS UP ...
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Quite plainly, any judge, after 20 years of being one, who does work this sloppy OR puts his thumb on scale for developers like this OR hides behind unnecessary formalities when the jurisdictional issues are raised by Defendants in a sworn statement and at oral argument and admitted in a sworn statement and not contested at oral argument by Plaintiff should not be elected, let alone re-elected, especially if the court refused to provide a court reporter for that hearing.  To wit, Judge Donald Scott Kurtz, up for re-election November 5, 2019.

This from a judge who said, in 2009: 

“When a case is before me, I try to give it my full attention,” Justice Kurtz said.

“Some judges would have just read the papers and signed them,” Kurtz said.

Plaintiff:

  • Sent  Notice of a Motion to a Defendant, not Defendant's attorney (failure to serve attorney did not invoke the power of the court),
  • Noticed whomever that the motion would seek Judgement of Foreclosure under a law (CPLR 3215) that only allows something different, Judgment of Default(facial deficiency of paper  cannot invoke the power of the court),
  • Notice to whomever was premised upon a 10/26/2009 affidavit by an attorney when there is no such dated affidavit (facial deficiency of paper  cannot invoke the power of the court),
  • Affidavit actually attached, not dated 10/26/2009, says it is premised upon an already filed proof of service when there is no priorly filed proof of service (power of the court not invoked if premised on non-existent paper).

Decision (Judge Donald Scott Kurtz):

  • premised on the same non-existent 10/26/2009 affidavit
  • premised on non-existent previously filed proof of service referenced in motion.
  • premised on a false instrument created by the court, an Request for Judicial Intervention Worksheet page.
  • granted Judgment of Default, which was not requested (which is not legal), instead of Judgment of Foreclosure (not available under the statute)

Years later Plaintiff admits in affirmation (attorney affidavit) in support of a Plaintiff Cross-Motion:

  • Plaintiff never served Notice of Motion on Defendant's attorney.
  • Defendant Noticed another motion for parties to appear a decade in the past.
  • Defendant failed to comply with the express terms of the order allowing sale of Property.

Years later Judge  (Donald Scott Kurtz, up for re-election November 5, 2019):

  • Grants Plaintiff Cross Motion while finding that the Motion the Cross-Motion responds to was not properly served and was of no effect.
  • Fails to address jurisdictional non starter (admission Counsel for Defendant was never served Notice of Motion) in granting Plaintiff Cross Motion.
  • Fails to address jurisdictional non starter (admission Counsel for defendant noticed all to appear a decade in the past for a hearing).
  • Fails to do 5th grader math by failing to figure out that Defendants were noticed to appear a decade in the past.
  • Failed to provide a court reporter (and, thereby, lost jurisdiction) when defendant invoked New York State Constitution Article VI right to a court reporter.

This cacophony of jurisdictional errors cannot stand if due process has any meaning whatsoever.

Thus, "Once More Unto the Breach" we go for due process.

JAFOMaru
System Observers
sunlight is the best disinfectant MORE
A little sunlight
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is both dangerous and useful ...

TL/DR:James Bryce : 1888 : The American Commonwealth

The conscience and common sense of the nation as a whole keep down the evils which have crept into the working of the Constitution, and may in time extinguish them. Public opinion is a sort of atmosphere, fresh, keen, and full of sunlight, like that of the American cities, and this sunlight kills many of those noxious germs which are hatched where politicians congregate. That which, varying a once famous phrase, we may call the genius of universal publicity, has some disagreeable results, but the wholesome ones are greater and more numerous. Selfishness, injustice, cruelty, tricks, and jobs of all sorts shun the light; to expose them is to defeat them. No serious evils, no rankling sore in the body politic, can remain long concealed, and when disclosed, it is half destroyed.

LONG VERSION

Maru stands for circle or ship in Japanese.

Maru is also a recurring part of Star Trek, whereby Captain Kirk reprograms a simulator (system) that has been designed to not allow success.

The system is called the Kobayashi Maru : https://en.wikipedia.org/wiki/Kobayashi_Maru

KOBAYASHI MARU : "The test's name is occasionally used among Star Trek fans or those familiar with the series to describe a no-win scenario, a test of one's character or a solution that involves redefining the problem and managing an insurmountable scenario gracefully."

We think a system that covers up judicial violations of due process and false statements by judges counts as "a test of one's character" and "a no-win scenario" or an "insurmountable scenario" to be managed by the public at large.

We are not finished till sunlight kills the "noxious germs".

AD2 Maru - year in the valley
jurisdiction ain't what is used to be ...
AD2 ignores jurisdiction, makes up facts and treats pro se litigants differently? MORE
PREAMBLE
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The Brooklyn Lyceum went into the belly of the judicial beast on September 6, 2018:   oral argument of four slam dunk appeals at the New York State Supreme Court Appellate Division Second Department.

The Brooklyn Lyceum was seeking to overturn lower court rulings regarding abandonment of a claim, perjury by an attorney, and contempt of an order that never was in effect.

After having watched about 30 hours or so of 2018 oral arguments the Lyceum was confident that, given the commentary by judges in those hours, and, after waiting more than 2.5 years to be calendared, justice would be done.

That justice would be the clear application of basic legal concepts, simple statutes, iron clad case law and the common law to simple fact patterns, especially the unequivocal lack of jurisdiction:

  • that, on the record before the court, doing simple addition and subtraction ((service date + proof of service date+10 days +365) < date of motion), the case was statutorily abandoned stripping the court of  any power it had in the case whatsoever, and,
  • failure to serve any motion or papers on attorney for two defendants, and,
  • no matter whom was served, noticing all parties to appear ten years in the past, and 
  • an attorney committed perjury swearing in an affidavit that  a document proving acquired standing existed when his client first appeared some 9 months prior, when, in fact, that document requisite for standing we mere days prior, some 9 months after appearing without standing.
  • an order served, not within 21 days, as per the order, but at 45 days, was not in effect, ever.

Nothing could be further from the truth than the court doing justice as the law required.

Presiding Judge Reinaldo Rivera's statements that the Second Department had "an excellent  reputation" and "we will get to the bottom" of this proved to be red herrings, if not flat out lies.

NOTHING NEW UNDER THE SUN

  • the court found that 19 was greater  than 26.
  • the court went outside the record, contrary to all precedent on the issue, precedent that says if you can't be bothered to put it a necessary reason in the moving papers, you can't add it later.
  • the court, after having gone outside the record, failed to follow the judicial equivalent of the hippocratic oath to first, do no harm, when it, by accepting papers outside the record as being dispositive, failed to do what it had done as recently as two weeks prior to the oral argument, change the record nun pro tunc, but resetting both sides back to the nun pro tunc date.
  • the court, rather than addressing how and when the non-initiating plaintiff acquired standing, altered the appeal brief from alleging Ex-trinsic fraud(with no time limit to vacate) to In-trinsic fraud which has, historically, but no court dares cite the source, had a two year deadline to vacate.
  • the court, rather than address the requirement that contempt can only be found if the order was still in effect, ignored that part of the case cited that required the order still be in effect, setting precedent allowing contempt to exist of orders no longer in effect.

DOUBLE NOTHING NEW UNDER THE SUN

  • When asked to reconsider 19 is greater than 26 ... Denied.
  • When asked to reconsider affirming contempt without addressing whether the order was in effect ... Denied.
  • When asked to reconsider stealth nun pro tunc of evidence submission .. Denied.
  • When asked to reconsider failure to address jurisdictional arguments raised, and not rebutted, at oral argument ... Denied.
  • When asked to reconsider perjury allegation of non-initiating plaintiff acquiring standing from initiating plaintiff ... Denied.

PURPOSEFULLY UN-WINNABLE SITUATION

  • This situation is so kafka-esque, that something needs to be done.
  • If not now, then when?
  • If not the Brooklyn Lyceum, then who.

AD2-MARU

Captain Kirk reprogrammed an un-winnable test at Star Fleet Academy, the KOBAYASHI MARU.

We seek to make the slam dunk cases winnable by collecting enough information to fight the power.

Join us.


Old Guard still standing ...


    NEW YORK TIMES
  • --Standoffs With Iran Test Trump’s Resolve to Use Military Force
  • --For Biden, Whistle-Blower Complaint Could Cut 2 Ways
  • --Trump Calls Reports That He Pressured Ukraine’s President a ‘Witch Hunt’
    NPR
  • --Trump Deploys Troops To Middle East After Attack On Saudi Oil Facility
  • --Deal With El Salvador Aims To Stem Flow Of Migrants Into U.S.
  • --U.S., El Salvador Sign New Asylum Deal To Stem Tide Of Migrants
    LA TIMES
  • --British unions vote ‘unanimously’ to boycott Israel
  • --Stop engaging with online trolls altogether, public figures say | Society
  • --China develops handheld 'crowd control' sonic gun which causes eyes and internal organs to painfully
    CHICAGO TRIBUNE
  • --Cubs playoff picture: 5 behind the Cardinals in the NL Central and 2 behind the Brewers for the 2nd
  • --Tracking Chicago homicide victims
  • --Family finances: A break on inherited IRAs could disappear

Indie news of note ...


    BALTIMORE BREW
  • --A transportation department without a traffic chief? Yup, for five years running
  • --City solicitor, under fire for defending gag orders, decries people “who want to put us down”
  • --The price of Baltimore police misconduct – $24.5 million and rising
    CITY LAB
  • --Why Climate Strike Protesters Targeted Amazon Go
  • --Navigator: Losing a Friendly Face
  • --CityLab Daily: The Kids Are On Strike
    CHICAGO REPORTER
  • --It’s high time someone studied marijuana taxes – so we did
  • --All Chicago Public Schools’ educators want is everything that our students deserve
  • --Questions still loom on Lincoln Yards and TIF
    NEW HAVEN INDEPENDENT
  • --Welcome To WNHH!
  • --Who Speaks For “The Community”?
  • --Refugees Gather For Picnic, Connections

Science feeds of note ...


    SPACE.COM
  • --Russia Says It Will Keep Source of Hole (and Air Leak) on Soyuz Secret— But NASA Wants to Know: Repo
  • --Take a Journey Through Disney's 'Star Wars: Galaxy's Edge'
  • --Nova, Beta Ray Bill, Silver Surfer and More Spin Out of Marvel's Cosmic 'Annihilation: Scourge' Even
    REDDIT - SCIENCE
  • --Human hearts have evolved for endurance, and we need it to stay healthy, suggests a new study compar
  • --A 25-year-old woman turned up at a Rhode Island hospital with blood that had turned navy blue. Accor
  • --This study on a community sample of school children in the September issue of SLEEP, shows that over
    POPULAR SCIENCE
  • --How to patch holes in drywall
  • --5 indoor garden kits for any space
  • --Everything we know about the outbreak of mysterious vaping-related diseases

Evolution feeds of note ...


    EVOLUTION INSTITUTE
  • --Self-Interest, Rightly Understood
  • --Blurring the Line Between “Others” – A Practical Application of Cultural Multilevel Selection Theory
  • --The Darwinian ‘Struggle for Existence’ is Really About Balance
    FRONTIERS IN
  • --Does Long-Term Selection for Development Time Result in Canalization: A Test Using Drosophila melano
  • --A Toggle-Switch and a Feed-Forward Loop Engage in the Control of the Drosophila Retinal Determinatio
  • --Phenotypic Plasticity, Developmental Instability, and Robustness: The Concepts and How They Are Conn
    NATURE.COM
  • --Cooperation in an Assortative Matching Prisoners Dilemma Experiment with Pro-Social Dummies
  • --Genome-wide recombination map construction from single individuals using linked-read sequencing
  • --Effects of contemporary shifts of range margins on patterns of genetic structure and mating system i
    CELL.COM
  • --The Past and Future of Experimental Speciation
  • --The Pathobiome in Animal and Plant Diseases
  • --The Evolution of Variance Control

Espresso feeds of note ...


    I NEED COFFEE
  • --Cold Brew Coffee is Not Rocket Science
  • --Making Cold Brew Coffee With the Primula Coffee Maker
  • --Inanimate Objects Comics #70
    SPRUDGE
  • --Build-Outs Of Summer: Taproom Coffee & Beer/Ground Floor Coffee In Atlanta, GA
  • --Build-Outs Of Summer: Congregation Coffee Roasters In New Orleans, LA
  • --Build-Outs Of Summer: Passenger Coffee In Lancaster, PA
    PERFECT DAILY FEED
  • --Cómo Preparar un Café Cold Brew Con un AeroPress en 2 Minutos
  • --How to Adjust Espresso Extraction & Create New Recipes
  • --Mingas: ¿Resuelven la Falta de Trabajadores Del Café en Colombia?