... SubJudice ...
20 years of a theater lost on these two judicial math untruths...
------- 2001>2011 -AND- 19>26 -------
A travesty that must be corrected for the courts to have any validity at all.
Sub Judice: our art series in the interim.
10 minute plays to be performed,
one acts and full length pieces for staged reading,
music for gigs ... even dance!
all at a changing set of locales til judicial math is corrected.
We also need advisors and artistic co-conspirators
... starting an arts trust and getting justice takes a wide range of skills.
READ ME: DRAFT OF 1ST PAGE OF MOTION
The defendant Katerina Arvanitakis (hereinafter the appellant) failed to give the plaintiff timely notice of her motion for leave to enter a judgment on her counterclaim against the plaintiff upon its purported default in replying to the counter-claim ( see Bianco v LiGreci, 298 AD2d 482). The plaintiff did not receive at least 13 days' notice, the minimum required for motions served by regular mail ( see CPLR 2103 [b] [2]; 2214 [b]). Absence of proper service of a motion is a sufficient and complete excuse for a default on a motion, and deprives the court of jurisdiction to entertain the motion ( see CPLR 5015 [a] ; Zaidi v New York Bldg. Contrs., Ltd., 61 AD3d 747, 748; Daulat v Helms Bros., Inc., 32 AD3d 410, 411; Bianco v LiGreci, 298 AD2d 482; Welch v State of New York, 261 AD2d 537, 538). Since the Supreme Court was deprived of jurisdiction to entertain the motion, the resulting order dated February 24, 2010, and the judgment entered upon that order were nullities ( see Bonik v Tarrabocchia, 78 AD3d 630, 632; Bauerlein v Salvation Army, 74 AD3d 851, 857; Welch v State of New York, 261 AD2d at 538; Golden v Golden, 128 AD2d 672). Accordingly, the plaintiffs motion to vacate both the order dated February 24, 2010, and the judgment was properly granted.
------- 2001>2011 -AND- 19>26 -------
A travesty that must be corrected for the courts to have any validity at all.
Sub Judice: our art series in the interim.
10 minute plays to be performed,
one acts and full length pieces for staged reading,
music for gigs ... even dance!
all at a changing set of locales til judicial math is corrected.
We also need advisors and artistic co-conspirators
... starting an arts trust and getting justice takes a wide range of skills.
READ ME: DRAFT OF 1ST PAGE OF MOTION
Controlling case that shows less than required notice is no notice at all:
FINANCIAL SERVICES VEHICLE TRUST, Respondent, v. LAW OFFICES OF DUSTIN J. DENTE et al., Defendants, and KATERINA ARVANITAKIS, Appellant.The defendant Katerina Arvanitakis (hereinafter the appellant) failed to give the plaintiff timely notice of her motion for leave to enter a judgment on her counterclaim against the plaintiff upon its purported default in replying to the counter-claim ( see Bianco v LiGreci, 298 AD2d 482). The plaintiff did not receive at least 13 days' notice, the minimum required for motions served by regular mail ( see CPLR 2103 [b] [2]; 2214 [b]). Absence of proper service of a motion is a sufficient and complete excuse for a default on a motion, and deprives the court of jurisdiction to entertain the motion ( see CPLR 5015 [a] ; Zaidi v New York Bldg. Contrs., Ltd., 61 AD3d 747, 748; Daulat v Helms Bros., Inc., 32 AD3d 410, 411; Bianco v LiGreci, 298 AD2d 482; Welch v State of New York, 261 AD2d 537, 538). Since the Supreme Court was deprived of jurisdiction to entertain the motion, the resulting order dated February 24, 2010, and the judgment entered upon that order were nullities ( see Bonik v Tarrabocchia, 78 AD3d 630, 632; Bauerlein v Salvation Army, 74 AD3d 851, 857; Welch v State of New York, 261 AD2d at 538; Golden v Golden, 128 AD2d 672). Accordingly, the plaintiffs motion to vacate both the order dated February 24, 2010, and the judgment was properly granted.
Pulling the Theater Thread that Unbinds
music, theater, comedy, dance, film, art,
and the late-night espresso that fueled it all.
and fraud upon the court
—actions the judiciary either missed or chose to ignore.
neither of which was cited in the appellate decision,
and the second date, a deadline,
where it exists, in the lower court record,
contradicts the finding.
was premised on a 2011 notice to appear in 2001,
notice they did not give the attorney for theater anyways..
SPOILER ALERT: Notice that is impossible to comply with cannot result in anything
Due to quirks in what the plaintiff did, a simple option arose.
---comparing 2 dates in a notice of motion page, and
---3 dates in page 1 of a 3 page docket listing.
So, we are sucking it up and writing our own motion
on some simple issues.
For nearly 20 years, there was a theater
a vibrant community engine and a destination formusic, theater, comedy, dance, film, art,
and the late-night espresso that fueled it all.
Then, the theater was targeted by a patently pointless foreclosure
defined by unending Plaintiff misrepresentationsand fraud upon the court
—actions the judiciary either missed or chose to ignore.
The theater lost an appeal based on
a legal finding that relied on two dates,neither of which was cited in the appellate decision,
and the second date, a deadline,
where it exists, in the lower court record,
contradicts the finding.
An exhaustive review of the case files revealed:
the Judgment of Foreclosure that allowed the sale of the theater....was premised on a 2011 notice to appear in 2001,
notice they did not give the attorney for theater anyways..
SPOILER ALERT: Notice that is impossible to comply with cannot result in anything
Due to quirks in what the plaintiff did, a simple option arose.
All that matters are 2 simple maths that can be found by:
---comparing 2 dates in a notice of motion page, and
---3 dates in page 1 of a 3 page docket listing.
If 19< 26 -OR- 2001<2011 .. we win.
If either are true, we win... if the court has any integrity.on some simple issues.
While we fight for a resolution
that could see a theater legacy live again
or some of the damages to establish a trust for the arts
To that end, we are launching our inaugural call for work.
We are calling the series "Sub Judice."
In the legal world, it means "under judicial consideration"
a status that renders a premature judgment void.
In the creative world, it describes the very state of your work:
under review by a theater community that refuses to be silenced.
that could see a theater legacy live again
or some of the damages to establish a trust for the arts
To that end, we are launching our inaugural call for work.
We are calling the series "Sub Judice."
In the legal world, it means "under judicial consideration"
a status that renders a premature judgment void.
In the creative world, it describes the very state of your work:
under review by a theater community that refuses to be silenced.
#1 of the Legal Nullities List
Notice to appear in past ...
Notice in March 2011 to appear in April 2001.
One might thinks that is just a typo or, what's officially called a scrivener's error.
But, no, when a Notice of Motion,
the thing that invokes the power of the court to rule on the motion,
is facially deficient, doesn't meet statute requirements, that is a problem.
The only way this can not be fatal,
is if it is waived by participation without raising the issue...
Like filing opposition papers without raising the issue ...
or appearing at oral argument without raising the issue.
Neither of those happened here.
The judgment of foreclosure granted is a nullity from the get go.
In short, absent waiver by participation, there is no such thing as a typo in anotice.
Notice to appear in past ...
Notice in March 2011 to appear in April 2001.
One might thinks that is just a typo or, what's officially called a scrivener's error.
But, no, when a Notice of Motion,
the thing that invokes the power of the court to rule on the motion,
is facially deficient, doesn't meet statute requirements, that is a problem.
The only way this can not be fatal,
is if it is waived by participation without raising the issue...
Like filing opposition papers without raising the issue ...
or appearing at oral argument without raising the issue.
Neither of those happened here.
The judgment of foreclosure granted is a nullity from the get go.
In short, absent waiver by participation, there is no such thing as a typo in anotice.
TAKE A LOOK
FILES HERE#2 of the Legal Nullities List
Action by un-noticed party ...
Any entity in a case who seeks relief from the court
must be an entity both legally in the case,
either by service of a summons, or, by court order placing them into the case.
That is what we have here. the initiating plaintiff sold the claim to another entity,
and got the court to substitute in the new entity as plaintiff.
WHY DOES THAT MATTER?
there is another necessary procedure,
someone has to tell all the parties that there is a new plaintiff.
And that is the rub, absent telling all other parties there is a new plaintiff,
no order in that new plaintiffs name can, as they say, bind any party.
And, in the odd event that there is a subsequent order
dependant on that prior order befor notice,
than second order is... yup ... a nullity.
Absent some paper trail of notice that there is a new plaintiff by court order,
no paper issued by the court can bind any party.
Action by un-noticed party ...
Any entity in a case who seeks relief from the court
must be an entity both legally in the case,
either by service of a summons, or, by court order placing them into the case.
That is what we have here. the initiating plaintiff sold the claim to another entity,
and got the court to substitute in the new entity as plaintiff.
WHY DOES THAT MATTER?
there is another necessary procedure,
someone has to tell all the parties that there is a new plaintiff.
And that is the rub, absent telling all other parties there is a new plaintiff,
no order in that new plaintiffs name can, as they say, bind any party.
And, in the odd event that there is a subsequent order
dependant on that prior order befor notice,
than second order is... yup ... a nullity.
Absent some paper trail of notice that there is a new plaintiff by court order,
no paper issued by the court can bind any party.
TAKE A LOOK
FILES HERE#3 of the Legal Nullities List
If there is a motion pending to dismiss a case, unresolved, or sub judice...
The court is not empoweed to enter any final judgment in the case.
We filed motion to dismiss on Oct 19, 2012.
The court was precluded from entering a final judgment....
until after it addressd the challenge to its authority
But the court violated that hard and fast rule ...
by entering final judgment on October 26, 2012, 59 days prior.
10/19/2012 Cross Motions Coverpage /d
10/26/2012 Judgment of foreclosure bill of costs ...
12/24/2012 Decision and order dtd 12/19/12
If there is a motion pending to dismiss a case, unresolved, or sub judice...
The court is not empoweed to enter any final judgment in the case.
We filed motion to dismiss on Oct 19, 2012.
The court was precluded from entering a final judgment....
until after it addressd the challenge to its authority
But the court violated that hard and fast rule ...
by entering final judgment on October 26, 2012, 59 days prior.
TAKE A LOOK
The Docket showing dates of Cross motion to dismiss, Judgment of foreclosure and decision cross motion:10/19/2012 Cross Motions Coverpage /d
10/26/2012 Judgment of foreclosure bill of costs ...
12/24/2012 Decision and order dtd 12/19/12
#4 of the Legal Nullities List
A notice of motion must contain a citation to some statute that authrizes what movant is seeking.
If it does not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked, any judgment on the motion is anullity.
A notice of motion must contain a citation to some statute that authrizes what movant is seeking.
If it does not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked, any judgment on the motion is anullity.
TAKE A LOOK
The Notice of Motion sought judgment of foreclosure without citing to any statute. #5 of the Legal Nullities List
A notice of motion must be served on any opposing counsel.
If it is not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked,
any judgment on the motion is anullity.
was not served on a known to plaintiff opposing counsel.
A notice of motion must be served on any opposing counsel.
If it is not, the power of the court is not invoked.
If the power of court to rule on motion is not invoked,
any judgment on the motion is anullity.
TAKE A LOOK
The Notice of Motion sought judgment of foreclosurewas not served on a known to plaintiff opposing counsel.
Sub Judice Arts Series
An arts opportunity forged in the steel tempering heat of
fighting for what is just, and right, and required... by law!
Submit work for review.
If selected, work with us to produce the work in TBD locations.
You are not required to produce or perform, but we welcome your participation.
Initially this is for some one off productions.
Selected or not, your submission will be reviewed when the legal dust settles for production again.
So, 2 shots with one submission.
The panel reviewing the second time will be done as much of the voting members as choose to participate.
---YOU SHOULD REVEW THE 5 FACTS. They are the basis for this cause.
---THERE IS A FEE FOR REVIEW. It is nominal and covers time and effort for the review.
An arts opportunity forged in the steel tempering heat of
fighting for what is just, and right, and required... by law!
- Submit your work
- 10-Minute Play
- One Act Play
- Full Length Play
- Music
- Dance
- Monologue
Submit work for review.
If selected, work with us to produce the work in TBD locations.
You are not required to produce or perform, but we welcome your participation.
Initially this is for some one off productions.
Selected or not, your submission will be reviewed when the legal dust settles for production again.
So, 2 shots with one submission.
The panel reviewing the second time will be done as much of the voting members as choose to participate.
---YOU SHOULD REVEW THE 5 FACTS. They are the basis for this cause.
---THERE IS A FEE FOR REVIEW. It is nominal and covers time and effort for the review.
VOTING MEMBERS GET TO VOTE ON WHAT TO PRODUCE NEXT.
Earn one vote on 1st submission of work.
Earn one vote on 1st submission of work.
OUR GO TO TEAM
of those with interest and/or knowldege of arts, trusts, marketing and the law.
of those with interest and/or knowldege of arts, trusts, marketing and the law.
FAQ
coming soon
coming soon
Ten-Minute Plays
for the 10 years the system pretended didn’t exist—
10-minute plays about anything.
for the 10 years the system pretended didn’t exist—
10-minute plays about anything.
The One Acts
One Act Plays that speak from the heart
about the world we live in,
or should/could live in
—shining a light on what lies beneath the surface
and exploring the things we all carry.
One Act Plays that speak from the heart
about the world we live in,
or should/could live in
—shining a light on what lies beneath the surface
and exploring the things we all carry.
Full Length Plays
that speak from the heart
to show us something that matters,
or something we can’t resist.
that speak from the heart
to show us something that matters,
or something we can’t resist.
coming soon
coming soon
coming soon
coming soon
coming soon
coming soon
coming soon
coming soon
coming soon
WHY BOTHER
because if no due process for a theater,
probably no due process for anyone
because if no due process for a theater,
probably no due process for anyone
... SubJudice ...
While we fight our injustice ...
we prepare for the inevitable:
arts return to a theater
-or-
arts elsewere funded by a trust...
Submit you work for review!
Join the theater as a member... Join the theater as an advisor...
because of two math inequalities that cannot be!
19 > 26 -AND-2001 > 2011
we prepare for the inevitable:
arts return to a theater
-or-
arts elsewere funded by a trust...
Submit you work for review!
Join the theater as a member... Join the theater as an advisor...
because of two math inequalities that cannot be!
19 > 26 -AND-2001 > 2011
coming soon
coming soon
coming soon
coming soon