ABOUT

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.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
JafoMaru

... System Observers because ...
unwatched systems tend towards abuse,
watched systems towards accountability


-- JAFO = Just Another F--king Observer
(someone there to watch but who is unwelcome to those being watched).

-- MARU, either a Ship or Circle in Japanese.
Also, an unwinnable situation that was won by resetting the rules
by Captain James T. Kirk in Star Trek: The Original Series (Kobayashi Maru).

-- We have seen many judicial tricks and have determined
a little focused attention might remove some friction from the legal system for those who represent themselves.

-- We seek to collect up procedural tricks
of the judicial trade in a place where
the self represented can research before they get screwed.

-- We also think observers at key junctures could
make the life of the self represented more manageable.


A watched court more likely to do its job.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
HARUCHAI

A movement of reason.




-- A nacent organization to
provide information on,
and opposition to,
judges up for re-election
if those judges
have the habit of
ignoring the law and their oaths.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
ALL I
CAN STANDS

(I Can't Stands No More)
Lawyers, judges and referees ... OH MY!.



-- Lawyers
and
Judges
and
Referees

sometimes fall on the dark side.

-- ALLICANSTANDS documents their fall.

Shining a teeny tiny flashlight on a few bad apple lawyers.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
8 EASY
PIECES

The Inevitable return of the Brooklyn Lyceum


-- We are documenting a decade of malfeasance with commentary.


Judicial violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
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 violations of due process brought to you by
Judge Donald Scott Kurtz & Judge Reinaldo Rivera
PASS JUDGMENT ON JUDGES WHO: Ignore Jurisdictional challenges, Grant motions on no notice, Grant relief not requested, Find Oct. 19 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”


TheGrowler

Why we are here - Old-School Journalism is dead, long live the New School! MORE

A little about us... -

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.

Percolating stories

Short descriptions of works in process - a little light of day helps make the world go round MORE

Topics -


      1. Pro Se in the Boro of Brooklyn
      2. FIP - A cat tragedy
      3. Underneath the Transit covers
      4. Smarter than the Founding Fathers?
      5. Banks should fear BlockChain, not BitCoin

all things GROWLER

grrrr - making waves everywhere MORE

Everywhere a GROWLER -

We chose the name theGrowler from our remembrances of the our long-since left this mortal coil pet Alaskan Malamute, Attu, named after the western-most Aleutian island.

Attu took great pleasure in growling when she sensed danger.

That being said, here are some links to growlers and some discussion tabs.

MUSIC - The Growlers - http://thegrowlers.com/

BEER - The Growler Guys - https://www.thegrowlerguys.com

ONCE MORE UNTO THE BREACH

into court for lyceum due process - tell us if you get it MORE

YOU CAN'T MAKE THIS UP ... -

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.

UnElecteds

When the system give you a lemon, return it! - Remove judges who ... are not smarter than a 5th grader MORE

Political machine inertia ... -

... 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 ought have 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 -

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.

Old Guard still standing ...

  • NEW YORK TIMES
  • --Conservatives Win Commanding Majority in U.K. Vote: ‘Brexit Will Happen’
  • --U.K. General Election 2019: Conservatives Secure Large Majority in Parliament
  • --House Panel Delays Vote on Impeachment Articles
  • BBC
  • --New Zealand volcano: Divers deployed to find last two missing bodies
  • --Trump impeachment: House committee vote postponed after marathon debate
  • --Trump 'signs off' on deal to pause US-China trade war
  • CHICAGO TRIBUNE
  • --Ask Amy: Reader weighs in on anti-male bias
  • --Former NBA Commissioner David Stern undergoes emergency brain surgery
  • --Chicago teen Tucker Tynan suffers a severe cut to his leg that causes an Ontario Hockey League game
  • LA TIMES
  • --Trump’s latest attack on Greta Thunberg was sexist, ableist – and perhaps jealous. As the first lady
  • --Taiwan vows to join Hong Kong in battle against Beijing
  • --UK Election: Exit poll predicts Tory majority

Indie news of note ...

  • NEW HAVEN INDEPENDENT
  • --Welcome To WNHH!
  • --“Jamerican” Restaurant Debuts In Westville
  • --Take 5 Takes A Bow
  • PRO PUBLICA
  • --A New Study Prompted by Our Reporting Confirms Elkhart, Indiana, Police Department Lacks Accountabil
  • --Inside Public Housing Where Cockroaches Drop From the Wall and Kids are Getting Sick
  • --HUD Inspect: See if Publicly Subsidized Housing Units Passed or Failed Government Inspections
  • CITY LAB
  • --New York Just Set a ‘Dangerous Precedent’ on Algorithms, Experts Warn
  • --CityLab Daily: Trump's Homeless Policy Gets a Controversial Boss
  • --America After Climate Change, Mapped
  • CHICAGO REPORTER
  • --Report: Amazon workers’ injuries spike during holiday season at Illinois facility
  • --Five things to read or watch for 50th anniversary of Fred Hampton’s murder by police
  • --To stop police shootings of people with mental health disabilities, I asked them what cops – and eve

Science feeds of note ...

  • SLASHDOT
  • --Crows Could Be the Smartest Animal Other Than Primates
  • --Microsoft's Next Xbox Is Xbox Series X, Coming Holiday 2020
  • --Lawsuit Forces CenturyLink To Stop Charging 'Internet Cost Recovery Fee'
  • POPULAR SCIENCE
  • --Give yourself the gift of self care with these relaxing beauty masks
  • --Winter camping is a great way to see more nature and fewer people
  • --Studying the human gaze could transform breast reconstruction surgery
  • REDDIT - SCIENCE
  • --Emotionally intelligent students get better grades and higher test scores, a comprehensive meta-anal
  • --Social media and television use — but not video games — predict depression and anxiety in teens, sug
  • --A painting discovered on the wall of an Indonesian cave has been found to be 44,000 years old. Some
  • PHYS.ORG
  • --Deadly 'superbugs' destroyed by molecular drills
  • --Boeing's crew capsule declared ready for 1st space flight
  • --Eastern EU states opposed to 2050 zero-emissions goal

Evolution feeds of note ...

  • FRONTIERS IN
  • --Wnt Gene Expression During Early Embryogenesis in the Nymphalid Butterfly Bicyclus anynana
  • --CRABS CLAW and SUPERMAN Coordinate Hormone-, Stress-, and Metabolic-Related Gene Expression During A
  • --Multiple Roles of the Polycistronic Gene Tarsal-less/Mille-Pattes/Polished-Rice During Embryogenesis
  • NATURE.COM
  • --Integrated species–phenon trees: visualizing infraspecific diversity within lineages
  • --Swift evolutionary response of microbes to a rise in anthropogenic mercury in the Northern Hemispher
  • --Dynamic range expansion leads to establishment of a new, genetically distinct wolf population in Cen
  • NYTIMES: EVOLUTION
  • --How a Curious Mammal Evolved Its Venom
  • --Is This the First Fossil of an Embryo?
  • --Seeking a New Lens to Study Same-Sex Behavior in Animals
  • CELL.COM
  • --Ecosystem-Based Tsunami Mitigation for Tropical Biodiversity Hotspots
  • --Echoing the Need to Quantify Carrion Biomass Production
  • --A Horizon Scan of Emerging Global Biological Conservation Issues for 2020

Espresso feeds of note ...

  • REDDIT COFFEE
  • --[MOD] The Official Deal Thread
  • --[MOD] Inside Scoop - Ask the coffee industry
  • --Picked by slaves: coffee crisis brews in Brazil
  • I NEED COFFEE
  • --A Small Screwball Cake Recipe for Two
  • --How to Brew Fine Drip Over Coffee With a Stainless Steel Filter
  • --How To Make Coffee Using A Thermos Flask
  • PERFECT DAILY FEED
  • --Cómo la Educación Crea Oportunidades en Las Regiones Cafetaleras
  • --Perfect Daily Grind to Launch PDG Brasil in January 2020
  • --El Papel Del Café Frente a la Crisis Humanitaria de Yemen