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”
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.
Short descriptions of works in process - a little light of day helps make the world go round MORE
Topics -
- Pro Se in the Boro of Brooklyn
- FIP - A cat tragedy
- Underneath the Transit covers
- Smarter than the Founding Fathers?
- Banks should fear BlockChain, not BitCoin
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
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.
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.
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.
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