brooklynlyceum - once and future theater

brooklynlyceum / gowanagus / swaslu

ABOUTbrooklynlyceum
- Public Bath #7 (aka: the Brooklyn Lyceum):
  
  Bathhouse
  1910 - 1937
  
  Gym
  1942-1970-ish?
  
  Theater
  sometime in the 70s
  
  ????
  1970s-1994
  
  Public Bath #7 / Brooklyn Lyceum
  Gym, Theater, Cafe, Public Square
  1995-2015
  
  Fight for procedural due process
  based on foreclosure docket
  created solely by Plaintiff.
  Was case abandoned?
  2008-2020
  
  if case not abandoned,
  Fight begins for procedural due process based on
  Judicial Order on No Notice to attorney for multiple Defendants.
  2021-?
BEFOREPrior Events
- WHAT HAS GONE BEFORE: Acts that have graced the Lyceum stage. Contact us to tell us someone we have missed.
  
  MUSIC --- rebecca pronsky --- natalia zukerman --- seryn --- kelly zullo --- duck baker --- marc ribot --- black dice --- fiona apple --- nadine goellner --- dawn landes --- jen chapin --- yo la tengo --- citizens --- polyphonic spree
  
  THEATRE --- project: ground control --- richard II --- 31 bond --- fallings --- bindlestiff family circus --- charlie brown christmas --- little prinsinn --- neofuturists --- rocky: the musical --- salome --- kafka: report to an academy --- leaving ikea --- swampking --- the nose and the overcoat --- wax factory --- moby dick: the sermon
  
  COMEDY --- gentrify brooklyn --- big black car --- hot sauce --- improv summit
  
  ART --- janet morgan --- marshall arisman --- surge: nola
  
  DANCE --- chris elam --- dusan tynek --- carrie ahern --- yanira castro --- all is full of love
  
  LYCEUM MARKETS/FESTIVALS --- brooklyn craft market --- brooklyn zinefest --- brooklyn blogfest --- king con brooklyn --- brooklyn mutt show
  
  FILM --- asbury shorts of new york --- brooklyn international film festival --- brooklyn underground film festival
LOCATIONSinterim spots
- We are looking at a couple of interim sites in our other haunts
  
  (New York State, Philadelphia and Maine)
  
  While we wait for the inevitable, either the court accepts:
  
  original legal checkmate
  complaint statutorily abandoned
  based on record provided
  to the Court by the Plaintiff.
  No proof of any communications at all
  w/ defendant Lyceum.
  Complaint abandoned
  by failure to attempt any action.
  
  alternate legal checkmate
  complaint not abandoned by inaction ...
  But failure to serve any motion papers
  on Lyceum Attorney... acts as same ...
  improper notice === failure to act.
  ---court had no authority to rule as
  papers not served on attorney
  never invoke power of the court.
  
  Alternate leading to a Judicial Order on No Notice (JONONO)!
  
  Judicial Orders on No Notice ...have been dealt with harshly...
  in New York State (& other jurisdictions).
  Our situation - decribed! ... jonono.org Judicial Orders On No Notice are a BIIIIIG NONO!!!
  Our/Your mission ... jafomaru.com make so much noise that the court does its job!!
  Your Payback ... gowanagus.com help curate what comes next!!
SWAGSelect Artisan works
- from the Brooklyn Lyceum and a few select artisans.
  
  COMING SOON.
CONTACTFB, Twitter, E-mail
- Add my email please! Contact brooklynlyceum.com Foll ow @brooklynlyceum
ARGONAUTSa quest
- SWASLU and the ARGONAUTS
  Espresso fueled epic Brooklyn Lyceum days,
  long into the night and into the morning.
  It is only appropriate it fuel
  the return of the Lyceum or some arts trust proxy!
  
  After years on a lonely quest
  for legal knowledge, judicial truth, and what should follow, justice,
  Lyceum and Swaslu founder returned beaten down – but not broken –
  with a map to what is ethical, right and legally required –
  the return of the Lyceum – or – an arts trust proxy.
  
  Summary: Courts made decision riddled with defects.
  ... premised on a motion riddled with defects,
  a motion not served on an opposing counsel,
  an opposing counsel whose existence Plaintiff withheld from the court.
  
  We have spent years trying to figure out this mess.
  We're almost there.
  We will be filing a motion premised, largely, on failure to serve any papers on Lyceum's attorney.
  
  That should work.
  
  From a couple of unavoidable angles ... the sale of the Brooklyn Lyceum is void.
  
  Time to fix this egregious set of circumstances.
  
  If you want to help there are three things you can do:
  
  Become aware of the issues, ----and a motion we are looking to file soon, --------and a planned arts trust : SubJudice.art
  
  Help us develop a backup plan if the courts ignore the failure to serve attorney issue in the motion: Become an Argonaut
  
  Help swaslu.com--with a refundable subscription deposit to our espresso product
  ----or a similar refundable deposit with proceeds going to charity------from an expandable list.

This is where you get to talk to the Brooklyn Lyceum!

Contact brooklynlyceum.com

Name

Email

Subject

Message

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all this judicial kicking of procedural due process can down the road has laid the groundwork for a unique community programming option at a venue that has seen the likes of ...

MUSIC
nadine goellner

THEATRE
wax factory

COMEDY
improv summit

ART
surge: nola

Brooklyn Lyceum 2.0 Programming VOTES

Earn'em @ jafomaru.com

Burn'em @ gowanagus.com

Churn'em @ gowanagus.com

Due Process In Brooklyn

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JAFOMARU

--JAFO: Just Another F--king Observer (necessary, sometimes unwelcome, system observers)

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

-- help others ensure procedural due process by focused attention to remove friction from the legal system for those who represent themselves.
-- help collect procedural due process laws, case-law and papers in a place where the self represented can research before it is too late in their case.
-- help observe at key junctures to make self represented not be ignored.
-- let the courts know you a have a functional brainstem.
... System Observers because : A watched court more likely to do its job.
--unwatched systems tend towards abuse, watched towards accountability-- JafoMaru.com

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GOWANAGUS: a publicly curated NYC based theater!

... A little public participation goes a long way ...
---and gets you voting rights ... in curating ---
what becomes of the Brooklyn Lyceum, or any spiritual interim proxy.

PROCEDURAL DUE PROCESS MATTERS .... FOREVER!

PERSERVERANCE MAKES IT HAPPEN ........ EVENTUALLY !

PARTICIPATION MAKES IT HAPPEN ... FASTER!

PARTICIPATION, PAST, PRESENT & FUTURE ... EARNS VOTES!

Unintended consequences happen when:
--Lower & Appellate courts penalize Defendant for what Plaintiff withheld from the lower court until convenient.
--Appellate court uses the term "insofar as appealed from" when Defendant raised jurisdiction at oral argument.

Either: Plaintiff communicated with, but failed to serve motion papers upon, attorney for multiple defendants, rendering decisions/orders on motions nullities

or: case, absent Plaintiff seeking default judgment, or any communications with defendants w/in 12 months after their default, is statutorily abandoned, a nullity.

---Six of one (decisions nullities), half dozen of another (case is a nullity)---.

Earn Votes: JafoMaru.com

Burn Votes: Gowanagus.com

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SWASLU

... Inexorable Espresso Evolution ...

There ... WILL ... BE ...

BETTER ... ESPRESSO ...

more flavor, less labor.

from our espresso cellar!

In the beginning ... a giant, abandoned looking former bathhouse on 4th Ave in Brooklyn.

Passed it by for about a year, made offer, was accepted ...
cobbled together down payment. Closed on purchase December 1994.

After a year or so triaging the internals,
opened as a coffee shop (and sometimes theater)
using a pretty good local roaster for coffee in our Bunn brewer.

Business boomed as we took deep dive into monster La Marzocco triple headed monster using Caffe Darte - then -Philly's La Colombe -then Intelligentsia.

Then a hurricane where we ditched the espresso machine beast ---for the ROK ---
for a week saving us counter space and electric whilst making excellent espresso.

In the middle ... it got string theory level complicated.

String theory, like espresso, has a whole lotta dimensions, parameters, if you will ...
--Farm: Plant type, elevation, sunshine, humidity, rainfall, seasonal temp : 6 dimensions
--Roasting: Time, temp, mix of beans, length of roast : 4 more dimensions.
--Grinding: Time from roast to use, amount, fineness, humidity : 4 more dimensions.
--Drawing: Tamping, pre-infusion, pressure, time : 4 more dimensions.

18, eighteen, EIGHTEEN degrees of freedom to get you that espresso for your latte.
Is it any wonder it is a rabbit hole to do at home, even the 8 for Grinding and drawing?

In the end ... we launched SWASLU : to get better espresso ---- to the consumer, you!

We have drawn thousands of shots on the ROK

and find, as an instrument of fine espresso,
it makes far better espresso
than most cafes or you
can make from home for less than
a $3,000 investment and a hundred hours,
at a minimum, of experimentation and learning.

In the end, if that is your bag, have at it.
If not, we can provide you depth, complexity and variety of flavor ...
and convenience with minimal labor on your part.

We sell DOUBLE SHOT (2oz) jars of frozen espresso, done individually,
with excruciating attention to detail not common at most any cafe, on the ROK.

We sample at markets and street fairs (pay what you wish),
We sell variety sampler packs (4 or 8 in a pack), and
We have a deposit subscription plan (discounted 12 jars/month + shipping)

We have a limited number of deposit subscription slots available
which get you a bankable 12 jars a month.

If you don't use the 12 jars, that is, don't order all that month,
anything less than 12 is bankable.

Subscription deposit is a refundable $100 per $.10 discount on the price.
(up to $2,500 getting you $2.50 off of the $5.00 price)

Deposit returnable on 90 days notice.

i.e., a $100 option with get you 12 jars, bankable, per month, @ $4.90 per jar.

Discount maxes out at $2.50 for a $2,500 refundable deposit.

saving $2.50/jar for 12 jars/month, or $30/month for the $2,500 refundable deposit
$30/month X 12 months=$360 =14.4% ROI on the subscription deposit of $2,500.

We have a limited number of slots as we are restricting it to
a number of members we can readily handle @ 12 double shot jars/month.

-- 15 years of a Brooklyn theatre/coffee shop/cafe --
a blackout and the aftermath of Hurricane Sandy
taught us that there is another, better, more ecological,
way to get the most out of your espresso.
-- When the espresso sediment settles,
the new boss may well be different than the old boss.
--Till then we are pulling espresso shots the SwaSlu way, on the muddy road again!
--We make it a point not to be a roaster and will be highlighting a cornucopia of espresso roasts at some home bases, some events, some markets and some fairs.
--Interested in better americanos/lattes than you could ever do at home?

Take a dip into our SWAmp of espresso SLUrry - SWASLU.com

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Procedural Due Process in the Boro of Brooklyn

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.