text:
STRIKE 3…below
ONEWEST BANK, F.S.B., Plaintiff,
COVAN DRAYTON, ET AL., Defendants.
15183/09.Supreme Court, Kings County.
Decided October 21, 2010.Gerald Roth, Esq., Stein Wiener and Roth, LLP, Carle Place NY, Defendant did not answer Plaintiff.
In this foreclosure action, plaintiff ONEWEST BANK, F.S.B. (ONEWEST), moved for an order of reference and related relief for the premises located at 962 Hemlock Street, Brooklyn, New York (Block 4529, Lot 116, County of Kings), upon the default of all defendants. The Kings County Supreme Court Foreclosure Department forwarded the motion papers to me on August 30, 2010. While drafting this decision and order, I received on October 14, 2010, in the midst of the present national media attention about "robo-signers," an October 13, 2010-letter from plaintiff's counsel, by which "[i]t is respectfully requested that plaintiff's application be withdrawn at this time." There was no explanation or reason given by plaintiff's counsel for his request to withdraw the motion for an order of reference other than "[i]t is our intention that a new application containing updated information will be re-submitted shortly."
The Court grants the request of plaintiff's counsel to withdraw the instant motion for an order of reference. However, to prevent the waste of judicial resources, the instant foreclosure action is dismissed without prejudice, with leave to renew the instant motion for an order of reference within sixty (60) days of this decision and order, by providing the Court with necessary and additional documentation.
First, the Court requires proof of the grant of authority from the original mortgagee, CAMBRIDGE HOME CAPITAL, LLC (CAMBRIDGE), to its nominee, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), to assign the subject mortgage and note on March 16, 2009 to INDYMAC FEDERAL BANK, FSB (INDYMAC). INDYMAC subsequently assigned the subject mortgage and note to its successor, ONEWEST, on May 14, 2009.
Second, the Court requires an affidavit from Erica A. Johnson-Seck, a conflicted "robo-signer," explaining her employment status. A "robo-signer" is a person who quickly signs hundreds or thousands of foreclosure documents in a month, despite swearing that he or she has personally reviewed the mortgage documents and has not done so. Ms. Johnson-Seck, in a July 9, 2010 deposition taken in a Palm Beach County, Florida foreclosure case, admitted that she: is a "robo-signer" who executes about 750 mortgage documents a week, without a notary public present; does not spend more than 30 seconds signing each document; does not read the documents before signing them; and, did not provide me with affidavits about her employment in two prior cases. (See Stephanie Armour, "Mistakes Widespread on Foreclosures, Lawyers Say," USA Today, Sept. 27, 2010; Ariana Eunjung Cha, "OneWest Bank Employee: Not More Than 30 Seconds' to Sign Each Foreclosure Document," Washington Post, Sept. 30, 2010).
In the instant action, Ms. Johnson-Seck claims to be: a Vice President of MERS in the March 16, 2009 MERS to INDYMAC assignment; a Vice President of INDYMAC in the May 14, 2009 INDYMAC to ONEWEST assignment; and, a Vice President of ONEWEST in her June 30, 2009-affidavit of merit. Ms. Johnson-Seck must explain to the Court, in her affidavit: her employment history for the past three years; and, why a conflict of interest does not exist in the instant action with her acting as a Vice President of assignor MERS, a Vice President of assignee/assignor INDYMAC, and a Vice President of assignee/plaintiff ONEWEST. Further, Ms. Johnson-Seck must explain: why she was a Vice President of both assignor MERS and assignee DEUTSCHE BANK in a second case before me, Deutsche Bank v Maraj, 18 Misc 3d 1123 (A) (Sup Ct, Kings County 2008); why she was a Vice President of both assignor MERS and assignee INDYMAC in a third case before me, Indymac Bank, FSB, v Bethley, 22 Misc 3d 1119 (A) (Sup Ct, Kings County 2009); and, why she executed an affidavit of merit as a Vice President of DEUTSCHE BANK in a fourth case before me, Deutsche Bank v Harris (Sup Ct, Kings County, Feb. 5, 2008, Index No. 35549/07).
Third, plaintiff's counsel must comply with the new Court filing requirement, announced yesterday by Chief Judge Jonathan Lippman, which was promulgated to preserve the integrity of the foreclosure process. Plaintiff's counsel must submit an affirmation, using the new standard Court form, that he has personally reviewed plaintiff's documents and records in the instant action and has confirmed the factual accuracy of the court filings and the notarizations in these documents. Counsel is reminded that the new standard Court affirmation form states that "[t]he wrongful filing and prosecution of foreclosure proceedings which are discovered to suffer from these defects may be cause for disciplinary and other sanctions upon participating counsel."
Defendant COVAN DRAYTON (DRAYTON) executed the subject
mortgage and note on January 12, 2007, borrowing $492,000.00 from CAMBRIDGE. MERS "acting solely as a nominee for Lender [CAMBRIDGE]" and "FOR PURPOSES OF RECORDING THIS MORTGAGE, MERS IS THE MORTGAGEE OF RECORD," recorded the instant mortgage and note on March 19, 2007, in the Office of the City Register of the City of New York, at City Register File Number (CRFN) XXXXXXXXXXXXX. Plaintiff DRAYTON allegedly defaulted in his mortgage loan payment on September 1, 2008. Then, MERS, as nominee for CAMBRIDGE, assigned the instant nonperforming mortgage and note to INDYMAC, on March 16, 2009. Erica A. Johnson-Seck executed the assignment as a Vice President of MERS, as nominee for CAMBRIDGE. This assignment was recorded in the Office of the City Register of the City of New York, on March 24, 2009, at CRFN XXXXXXXXXXXX. However, as will be discussed below, there is an issue whether MERS, as CAMBRIDGE's nominee, was authorized by CAMBRIDGE, its principal, to assign the subject DRAYTON mortgage and note to plaintiff INDYMAC. Subsequently, almost two months later, Ms. Johnson-Seck, now as a Vice President of INDYMAC, on May 14, 2009, assigned the subject mortgage and note to ONEWEST. This assignment was recorded in the Office of the City Register of the City of New York, on May 22, 2009, at CRFN XXXXXXXXXXXXX. Plaintiff ONEWEST commenced the instant foreclosure action on June 18, 2009 with the filing of the summons, complaint and notice of pendency. On August 6, 2009, plaintiff ONEWEST filed the instant motion for an order of reference. Attached to plaintiff ONEWEST's moving papers is an affidavit of merit by Erica A. Johnson-Seck, dated June 30, 2009, in which she claims to be a Vice President of plaintiff ONEWEST. She states, in ¶ 1, that "[t]he facts recited herein are from my own knowledge and from review of the documents and records kept in the ordinary course of business with respect to the servicing of this mortgage." There are outstanding questions about Ms. Johnson-Seck's employment, whether she executed sworn documents without a notary public present and whether she actually read and personally reviewed the information in the documents that she executed.
July 9, 2010 deposition of Erica A. Johnson-Seck in the Machado case
On July 9, 2010, nine days after executing the affidavit of merit in the instant action, Ms. Johnson-Seck was deposed in a Florida foreclosure action, Indymac Federal Bank, FSB, v Machado (Fifteenth Circuit Court in and for Palm Beach County, Florida, Case No. 50 2008 CA 037322XXXX MB AW), by defendant Machado's counsel, Thomas E. Ice, Esq. Ms. Johnson-Seck admitted to being a "robo-signer," executing sworn documents outside the presence of a notary public, not reading the documents before signing them and not complying with my prior orders in the Maraj and Bethley decisions. Ms. Johnson-Seck admitted in her Machado deposition testimony that she was not employed by INDYMAC on May 14, 2009, the day she assigned the subject mortgage and note to ONEWEST, even though she stated in the May 14, 2009 assignment that she was a Vice President of INDYMAC. According to her testimony she was employed on May 14, 2010 by assignee ONEWEST. The following questions were asked and then answered by Ms. Johnson Seck, at p. 4, line 11-p. 5, line 4:
Q. Could you state your full name for the record, please.
A. Erica Antoinette Johnson-Seck.
Q. And what is your business address?
A. 7700 West Parmer Lane, P-A-R-M-E-R, Building D, Austin, Texas 78729.
Q. And who is your employer?
A. OneWest Bank.
Q. How long have you been employed by OneWest Bank?
A. Since March 19th, 2009.
Q. Prior to that you were employed by IndyMac Federal Bank, FSB?
A. Yes.
Q. And prior to that you were employed by IndyMac Bank, FSB?
A. Yes.
Q. Your title with OneWest Bank is what?
A. Vice president, bankruptcy and foreclosure.
Despite executing, on March 16, 2009, the MERS, as nominee for CAMBRIDGE, assignment to INDYMAC, as Vice President of MERS, she admitted that she is not an officer of MERS. Further, she claimed to have "signing authority" from several major banking institutions and the Federal Deposit Insurance Corporation (FDIC). The following questions were asked and then answered by Ms. Johnson-Seck, at p. 6, lines 5-21:
Q. Are you also an officer of Mortgage Electronic Registration Systems?
A. No.
Q. You have signing authority to sign on behalf of Mortgage Electronic Registration Systems as a vice president, correct?
A. Yes.
Q. Are you an officer of any other corporation?
A. No.
Q. Do you have signing authority for any other corporation?
A. Yes.
Q. What corporations are those?
A. IndyMac Federal Bank, Indymac Bank, FSB, FDIC as receiver for Indymac Bank, FDIC as conservator for Indymac, Deutsche Bank, Bank of New York, U.S. Bank. And that's all I can think of off the top of my head.
Then, she answered the following question about her "signing authority," at page 7, lines 3-10:
Q. When you say you have signing authority, is your authority to sign as an officer of those corporations?
A. Some.
Deutsche Bank I have a POA [power of attorney] to sign as attorney-in-fact. Others I sign as an officer. The FDIC I sign as attorney-in-fact. IndyMac Bank and IndyMac Federal Bank I now sign as attorney-in-fact. I only sign as a vice president for OneWest. Ms. Johnson-Seck admitted that she is not an officer of MERS, has no idea how MERS is organized and does not know why she signs assignments as a MERS officer. Further, she admitted that the MERS assignments she executes are prepared by an outside vendor, Lender Processing Services, Inc. (LPS), which ships the documents to her Austin, Texas office from Minnesota. Moreover, she admitted executing MERS assignments without a notary public present. She also testified that after the MERS assignments are notarized they are shipped back to LPS in Minnesota. LPS, in its 2009 Form 10-K, filed with the U.S. Securities and Exchange Commission, states that it is "a provider of integrated technology and services to the mortgage lending industry, with market leading positions in mortgage processing and default management services in the U.S. [p. 1]"; "we offer lenders, servicers and attorneys certain administrative and support services in connection with managing foreclosures [p. 4]"; "[a] significant focus of our marketing efforts is on the top 50 U.S. banks [p. 5]"; and, "our two largest customers, Wells Fargo Bank, N.A. and JP Morgan Chase Bank, N.A., each accounted for more than 10% of our aggregate revenue [p. 5]."LPS is now the subject of a federal criminal investigation related to its foreclosure document preparation. (See Ariana Eunjung Cha. "Lender Processing Services Acknowledges Employees Allowed to Sign for Managers on Foreclosure Paperwork," Washington Post, Oct. 5, 2010). Last week, on October 13, 2010, the Florida Attorney-General issued to LPS an "Economic Crimes Investigative Subpoena Duces Tecum," seeking various foreclosure documents prepared by LPS and employment records for various "robo-signers." The following answers to questions were given by Ms. Johnson-Seck in the Machado deposition, at p. 116, line 4-p. 119, line 16:
Q. Now, given our last exchange, I'm sure you will agree that you are not a vice president of MERS in any sense of the word other than being authorized to sign as one?
A. Yes.
Q. You are not —
A. Sorry.
Q. That's all right. You are not paid by MERS?
A. No.
Q. You have no job duties as vice president of MERS?
A. No.
Q. You don't attend any board meetings of MERS?
A. No.
Q. You don't attend any meetings at all of MERS?
A. No.
Q. You don't report to the president of MERS?
A. No.
Q. Who is the president of MERS?
A. I have no idea.
Q. You're not involved in any governance of MERS?
A. No.
Q. The authority you have says that you can be an assistant secretary, right?
A. Yes.
Q. And yet you don't report to the secretary —
A. No.
Q. — of MERS. You don't have any MERS' employees who report to you?
A. No.
Q. You don't have any vote or say in any corporate decisions of MERS?
A. No.
Q. Do you know where the MERS' offices are located?
A. No.
Q. Do you know how many offices they have?
A. No.
Q. Do you know where they are headquartered?
A. No.
Q. I take it then you're never been to their headquarters?
A. No.
Q. Do you know how many employees they have?
A. No.
Q. But you know that you have counterparts all over the country signing as MERS's vice-presidents and assistant secretaries?
A. Yes.
Q. Some of them are employees of third-party foreclosure service companies, like LPS?
A. Yes.
Q. Why does MERS appoint you as a vice president or assistant secretary as opposed to a manager or an authorized agent to sign in that capacity?
A. I don't know.
Q. Why does MERS give you any kind of a title?
A. I don't know.
Q. Take me through the procedure for drafting and — the drafting and execution of this Assignment of Mortgage which is Exhibit E.
A. It is drafted by our forms, uploaded into process management, downloaded by LPS staff in Minnesota, shipped to Austin where we sign and notarize it, and hand it back to an LPS employee, who then ships it back to Minnesota, up uploads a copy and mails the original to the firm.
Q. Very similar to all the other document, preparation of all the other documents.
A. (Nods head.)
Q. Was that a yes? You were shaking your head.
A. Yes.
Q. As with the other documents, you personally don't review any of the information that's on here —
A. No.
Q. — other than to make sure that you are authorized to sign as the person you're signing for?
A. Yes.
Q. Okay. As with the other documents, you signed these and took them to be notarized just to a Notary that's outside your office?
A. Yes.
Q. And they will get notarized as soon as they can. It may or may not be the same day that you executed it?
A. That's true. Further, with respect to MERS, Ms. Johnson-Seck testified in answering questions, at p. 138, line 2-p. 139, line 17:
Q. Do you have an understanding that MERS is a membership organization?
A. Yes, yes.
Q. And the members are —
A. Yes.
Q. — banking entities such as OneWest?
A. Yes.
Q. In fact, OneWest is a member of MERS?
A. Yes.
Q. Is Deutsche Bank National Trust Company a member of MERS?
A. I don't know.
Q. Most of the major banking institutions in the Untied States, at least, are members of MERS, correct?
A. That sounds right.
Q. It's owned and operated by banking institutions?
A. I'm not a big — I don't, I don't know that much about the ins and outs of MERS. I'm sorry. I understand what it's for, but I don't understand the nitty-gritty.
Q. What is it for?
A. To track the transfer of doc — of interest from one entity to another. I know that it was initially created so that a servicer did not have to record the assignments, or if they didn't, there was still a system to keep track of the transfer of property.
Q. Does it also have a function to hold the mortgage separate and apart from the note so that note can be transferred from entity to entity to entity, bank to bank to bank —
A. That sounds right.
Q. — without ever having to rerecord the mortgage?
A. That sounds right.
Q. So it's a savings device. It makes it more efficient to transfer notes?
A. Yes.
Q. And cheaper?
A. Yes. Moreover,
Ms. Johnson-Seck testified that one of her job duties was to sign documents, which at that time took her about ten minutes per day [p. 11]. Further, she admitted, at p. 13, line 11-p. 14, line 15, that she signs about 750 documents per week and doesn't read each document.
Q. Okay. How many documents would you say that you sign on a week on average, in a week on average?
A. I could have given you that number if you had that question in there because I would brought the report. However, I'm going to guess, today I saw an e-mail that 1,073 docs are in the office for signing. So if we just — and there's about that a day. So let's say 6,000 a week and I do probably — let's see. There's eight of us signing documents, so what's the math?
Q. Six thousand divided by eight, that gives me 750..
A. That sounds, that sounds about right.
Q. Okay. That would be a reasonable estimate of how many you sign, you personally sign per week?
A. Yes.
Q. And that would include Lost Note Affidavits, Affidavits of Debt?
A. Yes.
Q. What other kinds of documents would be included in that?
A. Assignments, declarations. I can sign anything related to a bankruptcy or a foreclosure.
Q. How long do you spend executing each document?
A. I have changed my signature considerably. It's just an E now.
So not more than 30 seconds.
Q. Is it true that you don't read each document before you sign it?
A. That's true. [Emphasis added]
Ms. Johnson-Seck, in the instant action, signed her full name on the March 16, 2009 MERS, as nominee for CAMBRIDGE, assignment to INDYMAC. She switched to the letter E in signing the May 14, 2009 INDYMAC to ONEWEST assignment and the June 30, 2009 affidavit of merit on behalf of ONEWEST. Additionally. she testified about how LPS prepares the documents in Minnesota and ships them to her Austin office, with LPS personnel present in her Austin office [pp. 16-17]. Ms. Johnson-Seck described the document signing process, at p. 17, line 6-p. 18, line 18:
Q. Take me through the procedure for getting your actual signature on the documents once they've gone through this quality control process?
A. The documents are delivered to me for signature and I do a quick purview to make sure that I'm not signing for an entity that I cannot sign for. And I sign the document and I hand it to the Notary, who notarizes it, who then hands it back to LPS who uploads the document so that the firms know it's available and they send an original.
Q. "They" being LPS?
A. Yes.
Q. Are all the documents physically, that you were supposed to sign, are they physically on your desk?
A. Yes.
Q. You don't go somewhere else to sign documents?
A. No.
Q. When you sign them, there's no one else in your office?
A. Sometimes.
Q. Well, the Notaries are not in your office, correct?
A. They don't sit in my office, no.
Q. And the witnesses who, if you need witnesses on the document, are not sitting in your office?
A. That's right.
Q. So you take your ten minutes and you sign them and then you give them to the supervisor of the Notaries, correct?
A. I supervise the Notaries, so I just give them to a Notary.
Q. You give all, you give the whole group that you just signed to one Notary?
A. Yes. [Emphasis added]
Ms. Johnson-Seck testified, at p. 20, line 1-p. 21, line 4 about notaries not witnessing her signature:
Q. I'm mostly interested in how long it takes for the Notary to notarize your signature.
A. I can't say categorically because the Notary, that's not the only job they do, so.
Q. In any event, it doesn't have to be the same day?
A. No.
Q. When they notarize it and they put a date that they're notarizing it, is it the date that you signed it or is it the date that they're notarizing it?
A. I don't know.
Q. When you execute a sworn document, do you make any kind of a verbal acknowledgment or oath to anyone?
A. I don't know if I know what you're talking about. What's a sworn document?
Q. Well, an affidavit.
A. Oh. No.
Q. In any event, there's no Notary in the room for you to —
A. Right.
Q. — take an oath with you, correct?
A. No there is not.
Q. In fact, the Notaries can't see you sign the documents; is that correct?
A. Not unless that made it their business to do so?
Q. To peek into your office?
A. Yes. [Emphasis added]
As noted above, I found Ms. Johnson-Seck engaged in "robo-signing" in Deutsche Bank v Maraj and Indymac Bank, FSB, v Bethley. In both foreclosure cases I denied plaintiffs' motions for orders of reference without prejudice with leave to renew if, among other things, Ms. Johnson-Seck could explain in affidavits: her employment history for the past three years; why she was a Vice President of both assignor MERS and assignee Deutsche Bank National Trust Company in Maraj; and, Vice President of INDYMAC in Bethley. Mr. Ice questioned Ms. Johnson-Seck about my MarajMaraj decision as exhibit M in the Machado deposition. The following colloquy at the Maraj deposition took place at p. 153, line 15-p. 156, line 9. decision and showed her the
Q. Exhibit M is a document that you saw before in your last deposition, correct?
A. Yes.
Q. It's an opinion from Judge Schack up in New York —
A. Yes.
Q. — correct? You're familiar with that?
A. Yes.
Q. In it, he says that you signed an Assignment of Mortgage as the vice president of MERS, correct —
A. Yes.
Q. — just as you did in this case? Judge Schack also says that you executed an affidavit as an officer of Deutsche Bank National Trust Company, correct?
A. Yes.
Q. And is that true, you executed an affidavit for Deutsche Bank in that case?
A. That is not true.
Q. You never executed a document as an officer of Deutsche Bank National Trust Company in that case, Judge Schack's case?
A. Let me just read it so I can — I have to refresh my memory completely.
Q. Okay.
A. I don't remember. Most likely.
Q. That you did?
A. It sounds reasonable that I may have. I don't remember, and since it's not attached, I can't say.
Q. And as a result, Judge Schack wanted to know if you were engaged in self-dealing by wearing two corporate hats?
A. Yes.
Q. And the court was concerned that there may be fraud on the part of the bank?
A. I guess.
Q. I mean he said that, right?
A. Oh, okay. I didn't read the whole thing. Okay.
Q. Okay. The court ordered Deutsche Bank to produce an affidavit from you describing your employment history for the past three years, correct?
A. That's what this says.
Q. Did you do that?
A. No, because we were never — no affidavit ever existed and no request ever came to produce such a document. The last time we spoke, I told you that in-house counsel was reviewing the whole issue and that's kind of where — and we still haven't received any communication to produce an affidavit.
Q. From your counsel?
A. From anywhere.
Q. Well, you're reading Judge Schack's opinion. He seems to want one. Isn't that pretty clear on its face.
A. We didn't get — we never even got a copy of this.
Q. Okay. But now you have it —
A. And —
Q. And you had it when we met at our deposition back in February 5th.
A. And our in-house counsel's response to this is we were never — this was never requested of me and it was his recommendation not to comply.
Q. What has become of that case?
A. I don't know.
Q. Was it settled?
A. I don't know. After a break in the Machado deposition proceedings, Mr. Ice questioned Ms. Johnson-Seck about various documents that were subpoenaed for the July 9, 2010 deposition, including her employment affidavits that I required in both Maraj and Bethley. Ms. Johnson-Seck answered the following questions at p. 159, line 19-p. 161, line 9:
Q. So let's start with the duces tecum part of you notice, which is the list of documents. No. 1 was: The affidavit of the last three years of deponent's employment provided to Judge Schack in response to the order dated January 31st, 2008 in the case of Deutsche Bank National Trust Company vs. Maraj, Case No. 25981-07, Supreme Court of New York. We talked about that earlier. There is no such affidavit, correct?
A. Correct.
Q. By the way, why was IndyMac permitted to bring the case in Deutsche Bank's name in that case?
A. I don't — I don't know. Now, errors have been made.
Q. No. 2: The affidavit of the deponent provided to Judge Schack in response to the order dated February 6th, 2009 in the case of IndyMac Bank, FSB vs, Bethley, New York Slip Opinion 50186, New York Supreme Court 2/5/09, "explaining," and this is in quotes, "her employment history for the past three years; and, why a conflict of interest does not exist in how she acted as vice president of assignee IndyMac Bank, FSB in the instant action, and vice president of both Mortgage Electronic Registrations Systems, Inc. and Deutsche Bank in Deutsche Bank vs. Maraj," and it gives the citation and that's the case referred to in item 1 of our request. Do you have that affidavit with you here today?
A. No.
Q. Were you aware of that second opinion where Judge Schack asks for a second affidavit?
A. Nope. Where is Judge Schack sending these?
Q. Presumably to your counsel.
A. I wonder if he has the right address. Maybe that's what we should do, send Judge Schack the most recent, and I will gladly show up in his court and provide him everything he wants.
Q. Okay. Well, I sent you this back in March. Have your or your counsel or in-house counsel at IndyMac pursued that?
A. No. [Emphasis added] Counsel for plaintiff ONEWEST has leave to produce Ms. Johnson-Seck in my courtroom to "gladly show up . . . and provide [me] . . . everything he wants."
Real Property Actions and Proceedings Law (RPAPL) § 1321 allows the Court in a foreclosure action, upon the default of the defendant or defendant's admission of mortgage payment arrears, to appoint a referee "to compute the amount due to the plaintiff." In the instant action, plaintiff ONEWEST's application for an order of reference is a preliminary step to obtaining a default judgment of foreclosure and sale against defendant DRAYTON. (Home Sav. of Am., F.A. v Gkanios, 230 AD2d 770 [2d Dept 1996]). Plaintiff's request to withdraw its application for an order of reference is granted. However, to allow this action to continue without seeking the ultimate purpose of a foreclosure action, to obtain a judgment of foreclosure and sale, makes a mockery of and wastes the resources of the judicial system. Continuing the instant action without moving for an order of reference is the judicial equivalent of a "timeout." Granting a "timeout" to plaintiff ONEWEST to allow it to re-submit "a new application containing new information . . . shortly" is a waste of judicial resources. Therefore, the instant action is dismissed without prejudice, with leave granted to plaintiff ONEWEST to renew its motion for an order of reference within sixty (60) days of this decision and order, if plaintiff ONEWEST and plaintiff ONEWEST's counsel can satisfactorily address the various issues previously enumerated. Further, the dismissal of the instant foreclosure action requires the cancellation of the notice of pendency. CPLR § 6501 provides that the filing of a notice of pendency against a property is to give constructive notice to any purchaser of real property or encumbrancer against real property of an action that "would affect the title to, or the possession, use or enjoyment of real property, except in a summary proceeding brought to recover the possession of real property." The Court of Appeals, in 5308 Realty Corp. v O & Y Equity Corp. (64 NY2d 313, 319 [1984]), commented that "[t]he purpose of the doctrine was to assure that a court retained its ability to effect justice by preserving its power over the property, regardless of whether a purchaser had any notice of the pending suit," and, at 320, that "the statutory scheme permits a party to effectively retard the alienability of real property without any prior judicial review." CPLR § 6514 (a) provides for the mandatory cancellation of a notice of pendency by:
The Court, upon motion of any person aggrieved and upon such notice as it may require, shall direct any county clerk to cancel a notice of pendency, if service of a summons has not been completed within the time limited by section 6512; or if the action has been settled, discontinued or abated; or if the time to appeal from a final judgment against the plaintiff has expired; or if enforcement of a final judgment against the plaintiff has not been stayed pursuant to section 551. [emphasis added] The plain meaning of the word "abated," as used in CPLR § 6514 (a) is the ending of an action. "Abatement" is defined as "the act of eliminating or nullifying." (Black's Law Dictionary 3 [7th ed 1999]). "An action which has been abated is dead, and any further enforcement of the cause of action requires the bringing of a new action, provided that a cause of action remains (2A Carmody-Wait 2d § 11.1)." (Nastasi v Nastasi, 26 AD3d 32, 40 [2d Dept 2005]). Further, Nastasi at 36, held that the "[c]ancellation of a notice of pendency can be granted in the exercise of the inherent power of the court where its filing fails to comply with CPLR § 6501 (see 5303 Realty Corp. v O & Y Equity Corp., supra at 320-321; Rose v Montt Assets, 250 AD2d 451, 451-452 [1d Dept 1998]; Siegel, NY Prac § 336 [4th ed])." Thus, the dismissal of the instant complaint must result in the mandatory cancellation of plaintiff ONEWEST's notice of pendency against the subject property "in the exercise of the inherent power of the court."
Moreover, "[t]o have a proper assignment of a mortgage by an authorized agent, a power of attorney is necessary to demonstrate how the agent is vested with the authority to assign the mortgage." (HSBC Bank, USA v Yeasmin, 27 Misc 3d 1227 [A], *3 [Sup Ct, Kings County 2010]). "No special form or language is necessary to effect an assignment as long as the language shows the intention of the owner of a right to transfer it [Emphasis added]." (Tawil v Finkelstein Bruckman Wohl Most & Rothman, 223 AD2d 52, 55 [1d Dept 1996]). (See Suraleb, Inc. v International Trade Club, Inc., 13 AD3d 612 [2d Dept 2004]). MERS, as described above, recorded the subject mortgage as "nominee" for CAMBRIDGE. The word "nominee" is defined as "[a] person designated to act in place of another, usu. in a very limited way" or "[a] party who holds bare legal title for the benefit of others." (Black's Law Dictionary 1076 [8th ed 2004]). "This definition suggests that a nominee possesses few or no legally enforceable rights beyond those of a principal whom the nominee serves." (Landmark National Bank v Kesler, 289 Kan 528, 538 [2009]). The Supreme Court of Kansas, in Landmark National Bank, 289 Kan at 539, observed that: The legal status of a nominee, then, depends on the context of the relationship of the nominee to its principal. Various courts have interpreted the relationship of MERS and the lender as an agency relationship. See In re Sheridan, 2009 WL631355, at *4 (Bankr. D. Idaho, March 12, 2009) (MERS "acts not on its own account. Its capacity is representative."); Mortgage Elec. Registrations Systems, Inc. v Southwest,La Salle Nat. Bank v Lamy, 12 Misc 3d 1191 [A], at *2 [Sup Ct, Suffolk County 2006]) . . . ("A nominee of the owner of a note and mortgage may not effectively assign the note and mortgage to another for want of an ownership interest in said note and mortgage by the nominee.") The New York Court of Appeals in MERSCORP, Inc. v Romaine (8 NY3d 90 [2006]), explained how MERS acts as the agent of mortgagees, holding at 96: In 1993, the MERS system was created by several large participants in the real estate mortgage industry to track ownership interests in residential mortgages. Mortgage lenders and other entities, known as MERS members, subscribe to the MERS system and pay annual fees for the electronic processing and tracking of ownership and transfers of mortgages. Members contractually agree to appoint MERS to act as their common agent on all mortgages they register in the MERS system. [Emphasis added] 2009 Ark. 152 ___, ___SW3d___, 2009 WL 723182 (March 19, 2009) ("MERS, by the terms of the deed of trust, and its own stated purposes, was the lender's agent");
Thus, it is clear that MERS's relationship with its member lenders is that of agent with principal. This is a fiduciary relationship, resulting from the manifestation of consent by one person to another, allowing the other to act on his behalf, subject to his control and consent. The principal is the one for whom action is to be taken, and the agent is the one who acts.It has been held that the agent, who has a fiduciary relationship with the principal, "is a party who acts on behalf of the principal with the latter's express, implied, or apparent authority." (Maurillo v Park Slope U-Haul, 194 AD2d 142, 146 [2d Dept 1992]). "Agents are bound at all times to exercise the utmost good faith toward their principals. They must act in accordance with the highest and truest principles of morality." (Elco Shoe Mfrs. v Sisk, 260 NY 100, 103 [1932]). (See Sokoloff v Harriman Estates Development Corp., 96 NY 409 [2001]); Wechsler v Bowman, 285 NY 284 [1941]; Lamdin v Broadway Surface Advertising Corp., 272 NY 133 [1936]). An agent "is prohibited from acting in any manner inconsistent with his agency or trust and is at all times bound to exercise the utmost good faith and loyalty in the performance of his duties." (Lamdin, at 136). Therefore, in the instant action, MERS, as nominee for CAMBRIDGE, is an agent of CAMBRIDGE for limited purposes. It can only have those powers given to it and authorized by its principal, CAMBRIDGE. Plaintiff ONEWEST has not submitted any documents demonstrating how CAMBRIDGE authorized MERS, as nominee for CAMBRIDGE, to assign the subject DRAYTON mortgage and note to INDYMAC, which subsequently assigned the subject mortgage and note to plaintiff ONEWEST. Recently, in Bank of New York v Alderazi,Lippincott v East River Mill & Lumber Co., 79 Misc 559 [1913]) and "[t]he declarations of an alleged agent may not be shown for the purpose of proving the fact of agency." (Lexow & Jenkins, P.C. v Hertz Commercial Leasing Corp., 122 AD2d 25 [2d Dept 1986]; see also Siegel v Kentucky Fried Chicken of Long Is. 108 AD2d 218 [2d Dept 1985]; Moore v Leaseway Transp/ Corp., 65 AD2d 697 [1st Dept 1978].) "[T]he acts of a person assuming to be the representative of another are not competent to prove the agency in the absence of evidence tending to show the principal's knowledge of such acts or assent to them." (Lexow & Jenkins, P.C. v Hertz Commercial Leasing Corp., 122 AD2d at 26, quoting 2 NY Jur 2d, Agency and Independent Contractors § 26). Plaintiff has submitted no evidence to demonstrate that the original lender, the mortgagee America's Wholesale Lender, authorized MERS to assign the secured debt to plaintiff. Therefore, in the instant action, plaintiff ONEWEST failed to demonstrate how MERS, as nominee for CAMBRIDGE, had authority from CAMBRIDGE to assign the DRAYTON mortgage to INDYMAC. The Court grants plaintiff ONEWEST leave to renew its motion for an order of reference, if plaintiff ONEWEST can demonstrate how MERS had authority from CAMBRIDGE to assign the DRAYTON mortgage and note to INDYMAC. Then, plaintiff ONEWEST must address the tangled employment situation of "robo-signer" Erica A. Johnson-Seck. She admitted in her July 9, 2010 deposition in the Machado case that she never provided me with affidavits of her employment for the prior three years and an explanation of why she wore so-many corporate hats in Maraj and Bethley. Further, in Deutsche Bank v Harris, Ms. Johnson-Seck executed an affidavit of merit as Vice President of Deutsche Bank. If plaintiff renews its motion for an order of reference, the Court must get to the bottom of Ms. Johnson-Seck's employment status and her "robo-signing." The Court reminds plaintiff ONEWEST's counsel that Ms. Johnson-Seck, at p. 161 of the Machado deposition, volunteered, at lines 4-5 to "gladly show up in his court and provide him everything he wants." Lastly, if plaintiff ONEWEST'S counsel moves to renew its application for an order of reference, plaintiff's counsel must comply with the new filing requirement to submit, under penalties of perjury, an affirmation that he has taken reasonable steps, including inquiring of plaintiff ONEWEST, the lender, and reviewing all papers, to verify the accuracy of the submitted documents in support of the instant foreclosure action. According to yesterday's Office of Court Administration press release, Chief Judge Lippman said: We cannot allow the courts in New York State to stand by idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs — such as a family home — during this period of economic crisis. This new filing requirement will play a vital role in ensuring that the documents judges rely on will be thoroughly examined, accurate, and error-free before any judge is asked to take the drastic step of foreclosure. 28 Misc 3d at 379-380, my learned colleague, Kings County Supreme Court Justice Wayne Saitta explained that: A party who claims to be the agent of another bears the burden of proving the agency relationship by a preponderance of the evidence (
(See Gretchen Morgenson and Andrew Martin, Big Legal Clash on Foreclosure is Taking Shape, New York Times, Oct. 21, 2010; Andrew Keshner, New Court Rules Says Attorneys Must Verify Foreclosure Papers, NYLJ, Oct. 21, 2010).
Accordingly, it is
ORDERED, that the request of plaintiff ONEWEST BANK, F.S.B., to withdraw its motion for an order of reference, for the premises located at 962 Hemlock Street, Brooklyn, New York (Block 4529, Lot 116, County of Kings), is granted; and it is further
ORDERED, that the instant action, Index Number 15183/09, is dismissed without prejudice; and it is further
ORDERED, that the notice of pendency in the instant action, filed with the Kings County Clerk on June 18, 2009, by plaintiff ONEWEST BANK, F.S.B., to foreclose a mortgage for real property located at 962 Hemlock Street, Brooklyn, New York (Block 4529, Lot 116, County of Kings), is cancelled; and it is further
ORDERED, that leave is granted to plaintiff, ONEWEST BANK, F.S.B., to renew, within sixty (60) days of this decision and order, its motion for an order of reference for the premises located at 962 Hemlock Street, Brooklyn, New York (Block 4529, Lot 116, County of Kings), provided that plaintiff, ONEWEST BANK, F.S.B., submits to the Court: (1) proof of the grant of authority from the original mortgagee, CAMBRIDGE CAPITAL, LLC, to its nominee, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., to assign the subject mortgage and note to INDYMAC FEDERAL BANK, FSB; and (2) an affidavit by Erica A. Johnson-Seck, Vice President of plaintiff ONEWEST BANK, F.S.B., explaining: her employment history for the past three years; why a conflict of interest does not exist in how she acted as a Vice President of assignor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Vice President of assignee/assignor INDYMAC FEDERAL BANK, FSB, and a Vice President of assignee/plaintiff ONEWEST BANK, F.S.B. in this action; why she was a Vice President of both assignor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and assignee DEUTSCHE BANK in Deutsche Bank v Maraj, 18 Misc 3d 1123 (A) (Sup Ct, Kings County 2008); why she was a Vice President of both assignor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and assignee INDYMAC BANK, FSB in Indymac Bank, FSB, v Bethley, 22 Misc 3d 1119 (A) (Sup Ct, Kings County 2009); and, why she executed an affidavit of merit as a Vice President of DEUTSCHE BANK in Deutsche Bank v Harris (Sup Ct, Kings County, Feb. 5, 2008, Index No. 35549/07); and (3) counsel for plaintiff ONEWEST BANK, F.S.B. must comply with the new Court filing requirement, announced by Chief Judge Jonathan Lippman on October 20, 2010, by submitting an affirmation, using the new standard Court form, pursuant to CPLR Rule 2106 and under the penalties of perjury, that counsel for plaintiff ONEWEST BANK, F.S.B. has personally reviewed plaintiff ONEWEST BANK, F.S.B.'s documents and records in the instant action and counsel for plaintiff ONEWEST BANK, F.S.B. confirms the factual accuracy of plaintiff ONEWEST BANK, F.S.B.'s court filings and the accuracy of the notarizations in plaintiff ONEWEST BANK, F.S.B.'s documents.
This constitutes the Decision and Order of the Court.
[ipaper docId=40499638 access_key=key-1n9ja8i2jfczxnt1epea height=600 width=600 /]


text:
American Idol star James Durbin is now a married man.
People Magazine was first to report that Durbin married his long-time girlfriend and the mother of his two year old son on New Year's Eve.
Durbin married Heidi Lowe in a chapel in the Santa Cruz Mountains, in the same city where he grew up. A reception at a nearby community hall followed, according to reports.
Included in the 85-person guest list was fellow Idol contestants Haley Reinhart, Stefano Langone and Casey Abrams, according to People.
Durbin told the magazine that the wedding was the perfect way to kick off the New Year.
From his tour schedule the newlyweds have a few weeks to honeymoon. Durbin's next scheduled gig is the last week of January in Libertyville, Il.
Durbin took a break from wedding planning last week and made a surprise performance with The White Album Ensemble in Santa Cruz at the Rio.
Here's that performance:
James Durbin Gets Married
Durbin's son Hunter served as the ring bearer.
American Idol star James Durbin is now a married man.

subset: commoncrawl


text:
The Most Beautiful Celebrities Of Our Time
List Rules Most attractive actors, actresses, models, and singers
This list of hot celebrities is ranked by pop culture junkies worldwide, making it the best place to find the most attractive celebrities according to actual fans. Mila Kunis, Jessica Alba, Scarlett Johansson, and literally thousands of other ladies on this list are all known for their beautiful faces and amazing bodies.
The actors, actresses, singers, models, and personalities on this list have some of the hottest bodies in show business, and most have talent, too. This list spans all of entertainment and pop culture. Among those included are winners of Oscars, Grammys, and Emmy Awards, marking them not only the most attractive celebrities, but also some of the best in their fields.
Anyone can vote on this hottest celebrities list, and you can even add your own list of hot celebs to these rankings. Who do you think are the hottest female celebrities? Who are your top ten hottest celebrity women? Vote away!
Age: 34
Birthplace: New York City, USA, New York
Age: 37
Birthplace: Pomona, California, United States of America
Age: 37
Birthplace: Salvador, Brazil
Age: 37
Birthplace: Jerusalem, Israel


text:
Recently, the US homeland security group issued a warning about hacking and Java. An example article is found at How to disable Java following Homeland Security warning | Washington Times Communities.Now I used to program in Java, as well as other languages like C#, Perl and PHP. So here are my questions.
- Can someone tell me the technical problem here with Java?
- Why can't Oracle, as well as the world wide Geeks in private enterprise, law enforcement and academia suggest a proper fix or resolution?


text:
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text:
Farmer Phil's festival news: We're taking you back to 2015 for this week's #TBT, when Blue Peter an…
Latest Festival Flyer update from Farmer Phil's
We're taking you back to 2015 for this week's #TBT, when Blue Peter animal man, Exotic Zoo Grande Fromage and Envy Of The State frontman Scott Adams sported the tightest trousers in Ratlinghope and really hit the high notes during their dazzling mid-afternoon set on our famous stage.
Were you there? What did you think? Let us know in the comments below!
BUY TICKETS FOR 2019: http://www.farmerphilsfestival.com/buy-tickets/
Photo by Chris Rollason Photography
Farmer Phil's Festival
3 weeks ago
www.facebook.com/Neargattencamping/ ... See MoreSee Less
We are currently only allowing 30 tents per night to allow for ample social distancing.
Stewart Melville Wellings Rich Ophar, fancy going camping for the saturday, lads?😉
🤔wonder if the diehards will turn up there to party.... Would be nice to see the meteor showers
when are you opening for bookings?
Craig Clewlow
Kev Lloyd 💗💗💗
Colin Inchley
Cathy Lewis
Joy 😯
Farmer Phil's Festival Farmer Phil's Festival is sharing a COVID-19 Update.
3 months ago
It is with heavy hearts that we regretfully announce Farmer Phil's Festival 2020 will not go ahead as planned.
Like many other events scheduled to be hosted this summer, we have been monitoring the COVID-19 situation closely. The safety of our festival family – the performers, traders, staff, volunteers and not least you, our wonder supporters – is of the utmost importance to us and we have concluded that going ahead with the event is a risk simply not worth taking.
We realise that, while perhaps not unexpected in the current climate, this is disappointing news for everyone looking forward to our annual party in the Shropshire Hills.
So we are pleased to confirm that we have postponed this year's event until 13-15 August 2021. We are working hard to replicate the line up that would have been playing for you this year, and those already confirmed will be announced on an updated event poster in the coming weeks.
Tickets purchased for this year will remain valid for the 2021 re-scheduled event and postal tickets will be sent out nearer the event itself. It would mean the world to us if you retained your tickets for next year, however we do appreciate that individuals' circumstances can change, so if you're unable to join us in Ratlinghope in 2021, please contact us for refunds via the channels below:
For postal ticket orders, please e-mail firstname.lastname@example.com
For online orders via Ticket Sellers, please contact Ticket Sellers directly
To help us process your request quickly, please only contact us via the above e-mail for postal ticket refunds – enquiries via social media can get missed.
Thank you again for your continued support – please continue to keep safe and we look forward to seeing you all again in 2021 when you can all geddon moi land again!
Farmer Phil & the team
www.farmerphilsfestival.com/covid-19-announcement/ ... See MoreSee Less
A shame, but at least you're being fair. Thanks x
Naaawwwww that's a bit of blow ain't it!!! Right decision mind!!!! Xxx
Yep totally expected but still gutted. We will keep our tickets until next year and we will make sure it's a belter. Take care. ❤
Totally expecting this.. This year would have been out 12th year in a row.. My son, Sam has had his birthday with u every year since he's been 2.... Looking forward to seeing you 2021 x
Stay safe . See you next year
Thanks for letting us know. See you next year for a helluva party. Xx
We will see you all in 2021 ❤❤❤ xxx
Gutted but totally expected! Fingers crossed we can play next year when we are all back up and running!! much love to everyone ❤ (Paprika Blues Band)
Thryn Woodward, not unexpected but book the date for next year, even more belated prezzie for you all 😜 xx
Thank you for hanging on. Understandable, but still gutted. See you next year x
Oh bless you. What a difficult decision you have had to make.. Shall miss being with you all this August. Keep safe, that's the main thing xx
Keep on farming! Next year will come around soon enough. You can all have a holiday instead, Shropshire is nice at that time of year!
Mark Greenwood Jnr the last official one 🙁
Kay Andrew
Sad to hear, my favourite festival. 🙁 The right thing to do though. Stay safe all of you xxx
Thank you for letting us know. Behind you 100% We have also postponed till October. Crazy times, love to you and family, look forward to trading with you next year. Stay safe Caroline & Pete xxx
We've got our tickets, will hold on for next year 😎
Megs Louise Owen Nikki JonesChris PeakeNeil Jones
See you next year 😥
Sorry to hear that 🙁
Gutted but understandable. Stay safe guys and gals and look forward to seeing you all in 2021 when we will all "get on your land" X😍X 🌈💕
So gutted 😞 was praying that we would all have it to look forward to but fully understand, keep safe to you and your wonderful team. See you next year x
We'll miss our annual outing to Shropshire very much, but we will be back in 2021 with a bang 💥 I'm sure. Keep smiling and keep safe x
It's understandable. Bring on 2021.
🦠 Coronavirus is going to have an affect on us all, a lot of small businesses like ours so can you all help me and my business
Scroll across the top to the right, go to "COMMUNITY"
Click "INVITE FRIENDS"
Click "ALL"
Wait 10-15 seconds for the invitations to send
- it's as simple as that -
If you have a local business please feel free to COMMENT DONE & I'll Do The Same For Your business 💕
Supporting small businesses doesn't require spending money. It's as simple as sharing, liking and promoting us! 🌟
Thank you!!! ❤
Copy and Pasted from another small business
THANKYOU to the NHS🌈
Stay safe people ❤ 🔐 ... See MoreSee Less
Done 😀
A little update from farmer Phil, hope your all keeping safe and well 💚 ... See MoreSee Less
I so hope this in on. 🙏
And self
Best wishes to you Farmer Phil. 👍🙋🏼♂👏☯
Thanks Farmer Phil. Thanks for letting us play your festival last year.
Best wishes Phil & family! ❤
All the best from sunny Cornwall, stay safe everyone and see ya soon ❤💛💚 Keep 'em straight Phil ya legend 👍🏻
Your doing a great job farmer Phil keep up the great work and keep safe. We would love to do Indian Street food at your festival this year or next please can we have a application form.
nice one Phil 🙂
Thanks Phil. Hope to see you in August. Keep safe x
Cheers Phil Love to you all!
Cheers Phil you and your family take care x
Best wishes phil. X aww jake x is the man x
Well done Jake Blues - that's my kind of care home ! 👍🏻😁
The lovely Farmer Phil. Great to see you:). You live in such a beautiful place.
Take care Farmer Phil, can't wait till we're back x
Hi everyone,
Many of you are asking if we will still be going ahead this year. As it stands yes we are, however we are keeping a close eye on what the government guidelines are and we will inform you on here if and when any changes are made.
Fingers crossed we will see you on our land very soon 😘 ... See MoreSee Less
Gonna be a hell of a party if everyone is being let out for the first time in months lol.. Hope we can
Hopefully it will of peaked by then we will all need it by then best get more beer in xxx
We hope so. Bring back Fuzz too 😊
Hope so
Eeeek! Hope so!!!! 🤞🤞🤞🤞xxx
Need Wubarb......
Hopefully I love this family festival
Please please let it go ahead.
Looking forward to it more than ever.
Paul Rosser..you may be interested..lovely festival x
Looking forward to returning... fingers crossed that this is all over and the sun is shining!! Xxx
yay! fingers toes everything crossed x
India Beavan 😍🙏🏼
Hopefully 🤞🏻🤞🏻🤞🏻
Everything crossed xx
Have the tickets been sent out yet?
Megan Gittoes, it's still on atm
Jasmine Dawn Slaney
No upcoming events


text:
Item #3086
60 days. Young shredded daikon radishes are often used in sushi, but their light, crunchy, slightly spicy flavor is a unique addition to many other dishes. Mature daikon is pickled or cooked; add to stir?fries or soups. Daikon is a "winter radish," requiring a longer time to develop than spring radishes, shortening day length to trigger root growth, and cool temperatures to mature the edible root. To grow successfully, sow in mid- to late summer or early fall.
This packet sows three 5-foot rows.
Seedling Image
Days to Emerge:
Seed Depth:
Seed Spacing:
Row Spacing:
When to sow outside: RECOMMENDED. 8 to 10 weeks before first fall frost. Successive sowings: Every 10 days for about 3 weeks. Mild climates: Successive sowings can be continued until temperatures are too cold for germination. Germinates fastest at 60°-65°F.
When to start inside: Not recommended.
Harvesting: Harvest in late fall or early winter before ground freezes. Harvest at any size-tiny for hors d'oeuvres or large for cooking.
Artist: Susie Hyer
Item #3086
2.00 grams
These cool season crispers are more than bright red slices on a salad. Try roasting or pickling them for a new flavor, or use a more unique variety,…More…


text:
What jumps to your mind? A blue tongue of a Bunsen burner?
For me, a phenomenon jumps to mind.
I was witness to a phenomenon.
For me, a phenomenon jumps to mind.
I was witness to a phenomenon.
Don't mistake me to be pyrophobic to be uttering words with such a solid emphasis, but it was a phenomenon. It was the sort of flame that I have not seen this close, this destructive, this completely capable of altering my insight. Small scale was a word I would not use, even if it seems appropriate. It wasn't small scale for me. For me, it was a phenomenon.
The day started uninteresting enough. I was stressed for my final exams, and studying was going nowhere. Unable to juggle my academics, being home after so many days and the radio show, I was clearly collapsing under the strain. I gave up trying to reason things out and decided to take a nap in the hopes that it would alleviate the mild signs of stress that were beginning to descend, hallmarks of the final season. I woke up late and grumpy. I wasn't exactly saying thanks to anybody this season. Exams? No thanks. There was nothing to be thankful for.
I woke up to a phone call. By the time the mobile phone was off, I heard mother: 'there seems to be a fire'. I rushed to the balcony. A fire was raging outside, spitting up flames and smoke was roping its way to the night sky. It was a sight to see. I stood up on a balcony chair for a better view as I heard brother repeat that he was scared. The fire was truly terrifying. I couldn't ascertain if it was spreading, my brain was just numb: all I saw was a definitive presence of the fire. The chair was not balancing me well enough, and as I wobbled in the night air, I heard strict instructions.
'Hey, get down!! Get down NOW and head out to the front. We're trying to control the fire.' It was a Police Officer with his flashlight. As I rushed inside to let everyone know, my heart was throbbing.
'Quick, fire, evacuate.' What do you take with you?
What becomes important? In that one second, everything had changed. As I sensed the importance of the moment, nothing mattered more than family. My family, a cell phone and—at the last instant, a camera. That's all that mattered as I rushed out of the house, following many other residents with backpacks, running away. The moment was eerie. There was only a raging fire in the background and small lamp posts. The rest was darkness and the babble of people. The rest was all of footsteps and shadows. Faces didn't matter, what mattered was being calm about this.
Many people walked away, in many directions, huddling in groups. But the interesting thing was—there was another group. Another group of people that wasn't quite running away. They lingered. They lingered with fire in their blood. They lingered to witness something they knew was not ordinary. They wanted to stay and see what happened. They were not the confused lot; they were at the forefront, spectators of the fire with their mobile phone cameras and video recorders. The police had cordoned off the area, but they tried their best to stay within limits as the terrifying evening unraveled itself. These everyday people became journalists in that moment: they became the photographers and the media professionals. And the firefighters became the true heroes worth watching.
As I tried to push myself into the bunch that lingered, I thirsted to record everything. It was a new, acute sort of excitement—a realization that this wasn't an everyday phenomenon, and that this was worth recording. I didn't feel a sense of danger, for I knew I was at a safe distance. There was only that much I could do. I couldn't run into the fire and help them calm it, but I could at least witness it from a safe distance. Now, I was completely awake and caught up. The adrenalin rush induced by the gripping atmosphere as we collectively stood witness was something beyond description. I was more than alive, I felt acutely conscious of every tiny detail. I knew the people around me without knowing them, my mind memorized where all the apartments were, what was burning, and how everyone was moving. The atmosphere was charged and shifting. The undaunted fire was recorded from various different angles until the police sternly warned me to stay back.
As the fire got slightly out of hand, we were further instructed to completely evacuate even the lawns and move to the high school ground next door. The cold night air held uncertainty as people shifted about, talking loudly. The parking lots were full of people. As we rushed to the car to get out of here, we heard that there wasn't a way out for cars. Forced to park them in our lots, we stood around, waiting for further instructions. The Sheriff's car was here, and the fire truck was flashing its bright lights in the distance. I suddenly felt lonely, even with family. If the fire spread, it would hit my apartment in minutes and everything that we have ever bought could be reduced to ashes within seconds. The fire now was a fierce, undaunted orange glow in the distance, blazing off the rooftops—that was all I could see. I moved to the high school grounds for a better view, simultaneously updating my facebook and twitter with updates of what was happening. It was not a foolish thing to do. I wanted the world to know currently, this part was not safe. Please, stay away. It was the inner journalist in me awakening.
I watched the fire blazing from the grounds, now from a farther distance. It was all a nebulous glow. I only felt the cold night air settle on my skin and make me shiver. I shivered not just with the cold, but also in fear. My brother and I had split apart here. I was looking for him. He called my cell phone.
'Come up to the stadium, you can see much better from here. You can see everything that's happening.' I took the cue and rushed there with the rest of the family. The stadium held only a handful of people who seemed to have discovered its benefits. They were high up, privileged by a vantage point that unraveled the entire dynamic scenes before them. It was something that looked like it was from a movie.
Smoke everywhere. The fire truck, the firefighters. The hoses and the water. The endless fire engulfing and burning the wood down to ashes. Everything was visible here, a panorama, a terrifying landscape unlike anything I had ever seen. As I stood there, high up with a dozen others, I felt I was part a shared fate. As the scene before me changed from millisecond to millisecond, clearly visible and dangerous, I recorded it all. It was something that was truly unfortunate, but an unforgettable experience nonetheless.
The cold night air hit us as we stood high up there, in a solitary world that seemed to be somehow distant. We were spectators. My hands fumbled in the cold, but I was beginning to grasp the severity of the situation. We stood there till the fire was calmed a little. There was such insight to the moments I stood there. Many, many thoughts flashed through my mind. I perceived life as a gift. I felt special. I felt fortunate. I felt fear. I felt insecure. I felt thrill. I felt anxiety. I felt awe.
As the night air became a blur of smoke, I knew the fire was calming. The police had cut off the electricity connection; all apartments were bathed in darkness. Multiple phone calls were visiting us and puncturing my involvement. A kind friend offered to be host. We were all shivering in the cold, and there was nothing more we could do. We walked to his house, away from our apartments, shaken by how unbelievable this evening had gotten.
A while later, as I calmed my nerves to Hindustani music and tea like nothing had ever happened, I looked at myself. I was replaying the photographs I had taken just now, they were reminding me how fragile life was. And just this afternoon, I had been thankless for my situation, my existence—worried about exams. My perception was so shallow. Right now, I was simply grateful to be alive and unaffected, as must have everybody in our apartment.
I'm back home now. It's been five hours since the fire. It's nearly midnight. The power is back. But the damage is apparent. My internet is not working. The parents are calling Vonage phone connection. There is a deathly calm, like an aftermath. A couple of police are hanging around. And I know that most of us have gone home.
Many people proved to be courageous tonight, and I'm proud of how they've behaved. I'm thankful for how nobody was hurt, and how nobody died. I am thankful for the immense courage of the firefighters. But most of all, I am thankful that everyone who matters to me is alive. Sometimes I forget that that—just that, is enough for a lifetime. I'll not forget this evening.
My account of the incident: 12:33 AM on November 26th 2011
Update: The cause of the conflagration was a kitchen fire that engulfed and invaded an apartment. The fire massively spread to the neighboring apartments soon afterwards. Nobody suffered injuries, the only injury is to property, thanks to the timely manner in which the fire was handled by the fire department. I'm grateful to them. The videos I took were released to ABCNews Channel and aired.


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Dear Folks;
Although we have been the alarm company for the last forty eight hours, I have found a little time to write again. In my other letter I said that I was feeling fine, but it was just as I dropped the letter in the first sergeants tent that I had a little fever settle into my body, and it being so hot I felt pretty tough. It may seem strang to say that I am very glad this happened for they say that the sooner you feel the change of climate the better you will feel there after. I am feeling better now than I have felt any time on the trip and I expect to remain so.
I see by the Boston Globe, (about three days old) that you are having pretty hot weather up there, and although it is pretty hot here I guess if I was to choose between the two climates I would pick this (that is the climate in the very hot weather.) I hope you understand me when I say this. The reason for it is this. It may be 115° in the shade down here but it is so high and dry that you don't perspire at all, and say the nights here are as cool as any day in Sept. or Oct. in Boston. Lena has experienced the condition of the head when she has gone in swimming, and it is a continual clearing out of the head and lungs, from the time you jump into salt water until you get out. Well that is the way it is here. All we did, (and it is not wholly worked of yet.) is cough, hock and spit. They say it is the best place you can find for the curing of consuption. Now I have only described the climate, and that is the only good thing I can say for this place.
There is a kind of breast works thrown up all around our front to protect us from machine gun fire if any thing should happen (by the way I see the Globe says that Mexico has come down a peg.) Well I guess they realize that they had better (You know the Dashing Eight is within 100 yard of their border) some stuff what? What I was going to say about the breast works was that it is a dry, sandy, clay, and when we form a skirmish line just behind this in double quick time it is just like diving into a flour bin. And that is the way the whole country is down through here. I don't know whether I mentioned it in my last or not but, about five drops of rain fell yesterday, the first for over five month. The reason for this is there is a big mountain just to our west and this catches all the moisture before it gets to this desert. Then there is a sand storm once or twice a day, and when this comes up, we all grab our tent and close our eyes, for the sand is blowing so thick that you can't see across the street of tents.
Then there are whirl winds. It was funny when the first one of these came up; there was tents, hats and every thing movable whirling around in the air. They look like a great big cloud of smoke shooting up in the air. The hardest work we do is keep clean. A few of use went down town the other night and it is some burg. We were talking with a gentleman from the State of Maine who has lived here for about three years and he said that they never hear of a heat prostration. I hate to believe him but of coarse he knows more about it than we do so I guess he is right. I am not going to try to say how your letter was received for although it may seem strang, but a word from home is a God send. But I have been pretty lucky so far, for I have receive four letters and believe me I like them.
Inclosed you will find some Mexican bills. Thinking that I could do nothing better with my money than to buy some money with it I invested twenty five (25) cents for about thirty six 36 dollars worth of this junk. So you can see how the value of Mexican money compares with U.S. currency.
Well I must close now by saying that I sent a post card to both Madge and Molly but I didn't have room for my address so if you will give it to them I would be pleased to hear from them.
© Copyright 2008 by Richard Landers, All Rights Reserved. No reproduction without permission.


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Celebrating Dr. Ruth Eshel and Ethiopian Shoulder Dancing in Israel
Beta Dance Troupe. Photo by Irene Fertik.
She is a pioneer of Israel's fringe dance, presenting avant-garde solos in the late 1970s when performing in large, established repertory companies was the norm. She is a leading commentator on Israeli concert dance, contributing scholarly articles and books as well as lively criticism in major newspapers and journals. And in the last fifteen years, Dr. Ruth Eshel has also filled another key role: that of a visionary, arranging the traditional shoulder dance brought by Ethiopian immigrants into entrancing contemporary compositions for the stage.
It is no wonder that Dr. Eshel was captivated by the Ethiopian immigrants' movement when she set out to document their dance for the Dance Library of Israel. There is something particularly mesmerizing about the minute isolations of the shoulders that these dancers perform; each articulation itself is clearly cut, but when strung together at high speed, the effect can be likened to that of a hummingbird swiftly beating its wings. The dancers' shoulders jump, skip, hop, roll, punch forward and back, and shift side to side. With this vocabulary, their shoulders talk, sing, cry, and laugh.
Her interest piqued, Dr. Eshel formed a student company called Eskesta ("shoulder dancing" in Amharic) at the University of Haifa in 1995 and directed the troupe for ten years, leading it on tours to great acclaim. In 2005, she founded Beta Dance Troupe in the Neve Yosef community center in Haifa, again building a distinctive repertory blending traditional shoulder dancing with a contemporary choreographic framework. This company has also won accolades at home and abroad for its spirited performances.
Now, on January 26, a celebration of Dr. Eshel's work with both the Eskesta and Beta troupes will be held in Tel Aviv at the Inbal Ethnic Arts Center. After gathering at 8:00 p.m., a panel will convene at 8:30 to share memories. Beta Dance Troupe will take the stage at 9:00 for a short performance, followed by a screening of the film Shoulder Dancing, which includes footage of the companies' rehearsals and performances. The evening will close with an invitation for everyone to dance.
Poster for the film Shoulder Dancing. Courtesy Ruth Eshel.
For those of you who cannot partake in the live celebration – or are curious about shoulder dancing – below is a clip of Beta Dance Troupe in Dr. Eshel's aptly named Celebration (2007).


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Film Comment's Essential Cinema: "12 Years a Slave"
Posted by Nicholas Kemp on 12.16.2013
As the year draws to a close, our friends at Film Comment magazine are celebrating the best movies of 2013 in a number of ways. Earlier today, they revealed their highly anticipated end-of-year list of the top 50 films released in 2013, along with their survey of the 20 best films without distribution. Over the next few weeks on FilmComment.com, the magazine will be making available 15 pieces included in their Essential Cinema insert, which subscribers received with the November/December issue.
First up is Graham Fuller's consideration of Steve McQueen's 12 Years a Slave, which had its New York Premiere at the 51st New York Film Festival and is garnering lots of award buzz.
Through Solomon, then, McQueen forces the viewer to behold the slaves' degradation, anguish, and physical suffering, just as he did with the Maze Prison's miasmic squalor in Hunger and the pathological self-loathing of sex addiction in Shame, each film a prolonged howl of despair prompted by the horror of literal or spiritual imprisonment. But in terms of its mise en scène, 12 Years a Slave is more organic and less formally rigorous than Hunger, while eschewing the improvisatory quality that weakened Shame. Consequently, it is McQueen's most accessible and naturalistic film yet.
Read the rest over at Film Comment and check back every Monday, Wednesday, and Friday for other pieces like this one.blog comments powered by Disqus


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Before:Judge Lal Chand Vohrah, Presiding
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge David Anthony Hunt
Judge Mohamed Bennouna
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
25 March 1999
Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"
The Office of the Prosecutor:
Mr. Franck Terrier
Mr. Michael Blaxill
Counsel for the Accused:
Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic, for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic
This Appeals Chamber of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal");
NOTING the request of the Defence Counsel for Dragan Papic ("the Defence") for leave to appeal against Trial Chamber IIs oral decision of 24 February 1999 ("the Request" and "the Oral Decision" respectively), to which an appeal against the Oral decision was attached ("the Appeal"), filed on 25 February 1999;
NOTING that Trial Chamber II in the Oral Decision, in the absence of one of its members due to illness, decided to proceed with the hearings of certain Defence witnesses in accordance with the procedure laid down in Rule 71 of the Rules of Procedure and Evidence ("the Rules");
NOTING the decision by a Bench of the Appeals Chamber of 12 March 1999, in which leave to appeal was granted on the ground that the Request raised issues pertaining to the interpretation and application of Sub-rules 15(E) and (F) and Rule 71 of the Rules which were held to be of general importance to the proceedings before the International Tribunal;
CONSIDERING that the Request, with the attached Appeal, does not with sufficient clarity indicate the relief that is being sought, and that there is a need for clarification by the Parties;
Done in both English and French, the English text being authoritative.
Judge Lal Chand Vohrah
Dated this twenty-fifth day of March 1999
At The Hague,
The Netherlands.
[Seal of the Tribunal]


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For the past couple of years, I have been compiling a database of all musical scales, and triads, which can be used with each scale.
It might be interesting to discover which scales are used for each of the melodies that are in your database, and explore the geographical and musical traditions, to discover patterns which are common to diverse cultures.
Details are in this folder:
Charles Lucy


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The state agency charged with building California's high-speed rail system approved on Thursday a long-debated environmental analysis for the San Francisco-to-Los Angeles line -- a voluminous document that the project's opponents immediately characterized as an invitation to more lawsuits.
The California High-Speed Rail Authority voted to "recertify" the final Program Environmental Impact Report (EIR), a high-level document that describes the voter-approved project and that designates the Pacheco Pass as the rail authority's preferred route to the Peninsula. The authority had previously approved the document on two occasions, but it was forced both times to revise the document after legal challenges from Peninsula cities and nonprofit groups.
Now, Palo Alto, Atherton and Menlo Park are preparing for round three. Stuart Flashman, the attorney representing the Peninsula cities in two lawsuits against the rail authority, submitted on April 13 a notice that the cities will appeal the November 2011 ruling, which required the rail authority to make several technical revisions in the program analysis but which did not force the agency to re-examine Pacheco or ridership numbers. The basic argument from the cities is that the newly revised EIR still fails to comply with state law because of questionable ridership data and a failure to examine a two-track design on the Peninsula.
Much of the legal dispute centered on the rail authority's choice of the Pacheco Pass over the Altamont Pass. Board members acknowledged Thursday that both routes have merit, but they declined to reconsider the preferred alternative for the $68 billion line.
Board Chair Dan Richard called the dispute over routes the "biggest struggle" for him. His board colleague, Jim Hartnett, agreed.
"Frankly, with a lot to commend each, in my heart of hearts I still think the Pacheco is the preferable alternative," Hartnett said.
Several speakers vehemently disagreed. David Schonbrunn, president of the Transportation Solutions Defense and Education Fund (TRANSDEF) and Richard Tolmach, president of California Rail Foundation, both urged the rail authority to reconsider the route. Both groups took part in the litigation against the rail authority.
"If you insist on certifying this document, you will be back in court and lose," Schonbrunn said.
"Have you learned anything from this organization's two previous expensive and time-consuming losses?" he later added.
Tolmach raised questions about the new document's ridership numbers, which have been contested by the Palo Alto-based watchdog group Californians Advocating Responsible Rail Design (CARRD) and by the independent experts from UC Berkeley's Institute for Transportation Studies.
"What you're basing this bad EIR on is a set of already discredited ridership figures," Tolmach said. "You need to get a fresh look."
City leaders in Palo Alto and Menlo Park have also insisted that the rail authority evaluate the "blended" alternative for high-speed rail -- a design under which the rail system would share two tracks with Caltrain on the Peninsula. Though the rail authority had agreed to pursue the blended option, the program EIR devotes most of its analysis to a four-track design that has been widely panned on the Peninsula.
The newly approved environmental study specifies that the "blended approach would involve electrification of the rail corridor, advanced signaling systems, and would include some grade separations, but was assumed to be not fully grade separated." It defers a fuller analysis of this option to a future study.
In approving the analysis Thursday, board members tried to assuage Peninsula critics by adding a provision that specifies that future analyses will focus "solely" on the blended system. That blended approach, which was introduced by Sen. Joe Simitian, D-Palo Alto, U.S. Rep. Anna Eshoo, D-Palo Alto, and state Assemblyman Rich Gordon, D-Menlo Park, is now expected to be the focus on a segment-specific environmental review that includes more technical and design details than the document approved Thursday.
"I know the issue of the blended approach is a hot topic, obviously," Hartnett said. "That's probably a closer call than some of the other issues, but I think that it's been dealt with the best it can at the programmatic level, based upon the stage of where it is.
"There is substantially more work that will have to be done with that as the second-tier level," he added, referring to the segment-specific study.
The board's recent decision to pursue the blended system is in many ways an overture to the Peninsula communities where opposition to high-speed rail has been most heated. But while the blended system is far more popular than the four-track alternative, the project continues to attract heavy scrutiny from both opponents and independent analysts. Earlier this week, the nonpartisan Legislative Analyst's Office recommended that state officials withhold construction funding from the project, which now has an estimated price tag of $68.4 billion. The office also recommended "some minimum funding" to continue planning efforts for high-speed rail.
Though California voters approved a $9.95 billion bond for the project in 2008, funding remains a major concern. Gov. Jerry Brown has requested in his 2012-13 budget $5.9 billion for high-speed rail, which would be launched in Central Valley. This includes $2.6 billion in state bond funds and $3.3 billion in federal funding. The Legislative Analyst's Office argued in the report that the current plan leaves most questions about funding the project unanswered.
"We find that the (High-Speed Rail Authority) has not provided sufficient detail and justification to the Legislature regarding its plan to build a high-speed train system," the Legislative Analyst's Office report states. "Specifically, funding for the project remains highly speculative and important details have not been sorted out. We recommend the Legislature not approve the Governor's various budget proposals to provide additional funding for the project."


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Angels add reliever Pestano for prospect
Dipoto strikes deal with Indians for former Canyon High star
ANAHEIM -- The Angels acquired veteran right-handed reliever Vinnie Pestano from the Indians in exchange for right-handed pitching prospect Michael Clevinger on Thursday. Pestano was assigned to Triple-A Salt Lake and shortstop Tommy Field was designated for assignment to open a spot on the 40-man roster.
Pestano, an Orange County native who was born in Newport Beach, Calif., ascended to the setup role in Cleveland from 2011-12, while posting a 2.45 ERA in 137 games. But the 29-year-old dealt with elbow inflammation the following May, struggled through a 4.08 ERA and 1.64 WHIP during that 2013 season and had a 5.00 ERA in 13 Major League appearances this year.
Now, though, Angels general manager Jerry Dipoto believes Pestano has "got his strikeout pitch back." And his numbers in Triple-A this year -- 1.78 ERA, 1.15 WHIP, 37 strikeouts and 12 walks in 30 1/3 innings -- may support that notion.
Pestano -- acquired after the Angels submitted a waiver claim -- sits mostly 92-93 mph with his fastball, which Dipoto said has "extra hop through the zone," and also features a slurve and slider.
"His stuff was overwhelming when he first came up," said Angels reliever Joe Smith, Pestano's teammate in Cleveland. "I don't know if it's that the league caught up to him maybe, but he's not that far removed. I heard his velo's coming back; I'm hearing very good signs from him, so it wouldn't surprise me if he gets back to form."
In Pestano, the Angels get a sidearmer who's very effective against righties (he's held them to a .528 OPS in his career) and has struck out 10.8 batters per nine innings in his career. Just as important, Pestano also has options left next year.
"For a lot of reasons, he's a good fit for us," Dipoto said.
"If he throws well, there's always a spot for a guy with his stuff in a Major League bullpen in the short-term," Angels manager Mike Scioscia said. "Most likely, he'll have big-picture ramifications, too."
Clevinger, taken in the fourth round of the 2011 First-Year Player Draft, missed most of the 2012 and '13 seasons because of Tommy John surgery and had a 4.31 ERA in 18 starts at both of the Angels' Class A affiliates this year. The 23-year-old has shown the potential for four average-to-better pitches -- a low-90s fastball, a sharp slider, a curveball and a deceptive changeup.
Pestano admitted that he "saw the writing on the wall a little bit" in Cleveland, adding that "there are some other guys that [the Indians] are more fond of." Now, Pestano -- who attended Canyon High School in Anaheim, like Grant Green, and then went to Cal State Fullerton -- is looking forward to a return home.
"I grew up 10 minutes away from the stadium and I played in college 10 minutes away, too," he said in a phone interview. "I've been in the shadow of that halo for a while, so it'll nice to get back out there."


text:
Here's my first morning in Sarasota.
I'm at The Broken Egg in Lakewood Ranch, enjoying the blue sky while silently debating if the purple spuds in the potato medley are indigenous or irritating.
Then, what to my Ray Ban eyes should appear, but a tired, bald guy fussing with the merchandise.
We've seen him in a different TV light. When he's smiling, shaking hands, and working the crowd like a PTC (prime-time celebrity).
So I approached him.
And I silently debated again: Do I greet him by his first name? Or is it proper Lakewood Ranch etiquette to yell, "Yo, DickieV!"
I took the easy, open shot.
"Mr. Vitale? My name is Bill Church, and I'm the new editor at the Herald-Tribune."
Mr. Vitale had worked the Michigan State-Wisconsin basketball game the night before, and then hopped a plane to cover the 1,375 miles between Madison, Wis., and Sarasota. He had every right to ignore me.
But in DickieV style, he warmed quickly.
He gave me a brochure to the 8th Annual Dick Vitale Gala, a May 17 event at the Ritz-Carlton that will honor former Florida State football coach Bobby Bowden, former Connecticut basketball coach Jim Calhoun and Kansas basketball coach Bill Self.
The event is a fundraiser for The V Foundation for Cancer Research. Mr. Vitale, after all, is known for his compassion.
We chatted for a few minutes, and then, mindful of his time, I wished him well.
But you don't walk away from a conversation with Mr. Vitale.
When we finally departed, he offered what's been said so many times: "You'll like it here."
Yes, indeed.
It's not just celebrity basketball announcers showing interest in this Florida newbie.
On Thursday, Bob Soran and his management team gave us a wonderful tour of Marina Jack, a public-private partnership in Sarasota that oozes with Suncoast style.
On Friday, Sarasota Mayor Suzanne Atwell greeted me like a long-lost friend. I had met her the day before.
You've sent me numerous emails, phone calls and letters blended with freshly squeezed hospitality.
Wrote Virginia J. Haley, president of Visit Sarasota County, "You've moved from a beautiful place, but I am confident that you will fall in love with this community."
Yes, Virginia, there is a smile accompanying those sunglasses.
And I'm not here on vacation.
It took six days and 3,749.6 miles to travel from Salem, Ore., to Sarasota County.
The journey had the makings of a Johnny Cash ballad. Sing along as I tell the tale of the wayward editor: I caught a cold in Modesto, spent a 29-hour night lost in Biloxi, and now they call me "darling honey" in Lake City. I got the Florida flu, but you won't hear me ah-choo.
Here's the replay bio in case you missed the Herald-Tribune story on Jan. 25. Military brat and longtime editor, I left a nice gig in Oregon for a chance to join the Herald-Tribune, a media organization that I've admired for years.
I'm determined to be out in the community -- listening, learning and looking after your interests. You'll also see me each Sunday on this page.
After 16 nights in hotels, I'm now in a leased condo with a golf course view. The sun has shined each morning. Does life get better?
I know how DickieV -- and Mr. Vitale -- would answer.
It's awesome, baby.
For Florida newbie, warm greetings after a long trek
Here's my first morning in Sarasota.


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Test pressings arrived today for the Ester Drang one-sided LP. Yes, this thing does exist and it will be ready in about 2 weeks or so now. The test pressings for Wovenhand also arrived and this is due to be released to stores on 2 November.
Denison is out on the West Coast getting ready to do some dates with Sufjan Stevens and Joanna Newsom (Drag City):
Sat July 24 : Los Angeles, CA. Troubadour.
Sun July 25 : Sacramento, CA. Old Ironsides.
Wed July 28 : Seattle, WA. Neumo


text:
The first trailer for Steven Spielberg's The Adventures of Tintin: The Secret of the Unicorn has gone online. While the teaser does a good job of selling the action, it doesn't overcome two major hurdles the film is facing. First, US audiences aren't familiar with Tintin and they need an introduction. The book may be acclaimed in Europe, but the books simply haven't gained mainstream recognition in the states. Second, moviegoers have an aversion to fully mo-capped features because of the way that characters fall into the uncanny valley. The teaser tries to dodge that problem by showing as little of the characters' faces as possible (except for the final shot of Tintin) but they'll have to show us eventually.
Hit the jump to check out the trailer. The film stars Jamie Bell, Daniel Craig, Andy Serkis, Simon Pegg, Nick Frost, Cary Elwes, Toby Jones, Mackenzie Crook, and Daniel Mays. Steven Moffat (Doctor Who), Joe Cornish (Attack the Block), and Edgar Wright (Shaun of the Dead) wrote the script; Peter Jackson co-produced the film. The Adventures of Tintin: The Secret of the Unicorn opens in 3D on December 23rd.
Click over to Apple to see the trailer in HD.
Here's the official synopsis for The Adventures of Tintin: The Secret of the Unicorn:
Paramount Pictures and Columbia Pictures Present a 3D Motion Capture Film "The Adventures of Tintin: Secret of the Unicorn" directed by Steven Spielberg from a screenplay by Steven Moffat and Edgar Wright & Joe Cornish. Starring Jamie Bell ("Billy Elliot," "Defiance") as Tintin, the intrepid young reporter whose relentless pursuit of a good story thrusts him into a world of high adventure, and Daniel Craig ("Quantum of Solace," "Defiance") as the nefarious Red Rackham.


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You are currently browsing the tag archive for the 'homemade' tag.
I know you've been sick of the same ole food you've been ordering over and over from those same ole, same ole restaurants. Also, it's been on your mind for some time now that the food you've been taking down is not really that good for you. I know you've been craving something homemade, delicious, NEW, and actually on the healthier side.
I may have some good news for you, that is if you happen to live in the close vicinity (that would be Hollywood and West Hollywood of Los Angeles, CA). You may have noticed a few changes on this site, with the most significant one–a new link on the top menu bar called LUNCH DELIVERY SERVICES. That's right, I have begun a new service, aside from my Personal Chef'ing, that will allow YOU to test and taste my own creations.
Don't hesitate and check out the menu. I won't let you get bored with it either, as I will keep adding on new items and rotating the existing ones to keep it fresh and versatile. Place your order today for your lunch tomorrow.
Bon Appetite!
Summer is officially over. Gone. Dead. Caput. Finito. It's true all around the Northern Hemisphere EXCEPT from Los-fooking-Angeles. I am so over the heat wave it's not even funny. I haven't had a drop of alcohol in forever it seems (at least five days) and yet, I can still literally feel the grey cells in my brain frying to death, one by one, forming a globe of sunny-side-ups. Conclusion – high temperatures make me stupid. In the body of evidence I wish to include:
Exhibit #1: I chased Cosmo on all fours with his tennis ball in my mouth. (By Cosmo I mean our almost 4-year old pup.)
Exhibit #2: I listened to Edward Sharpe & The Magnetic Zeros so loud that I pissed off Einstein and he dropped his own biography off of the shelf right on my head, "Watchmen" dove next, and Bukowski straight up threw at me his "Tales of Ordinary Madness". Ouch!
Exhibit #3: I jumped in my underwear around the bedroom kangaroo-style convinced I was dancing, causing Cosmo to howl out loud an aria from "Madame Butterfly" – the only way he knew to get my attention while in the state of this…non-ordinary madness.
Exhibit #4: I made Fettucini with Scrambled Eggs for dinner, which my boyfriend, whose level of tolerance and love for me is bewildering, actually enjoyed! Wait, this is not proof against my mental proficiency. I guess the part of my brain responsible for cooking remained intact.
Baruch Hashem! Yes, thanks to all gods for not taking away the one dubious skill I've been mastering in this chapter of my life, especially now that I think my sweat-laden efforts are about to come to fruition. I'll explain.
When I entered my thirties, like many, I also realized it was time to stop the silly games of uncontrolled youth, recover my self-respect and find a purpose and place within society. (I know you're secretly judging me now. If you think that I did … well… you're wrong!) I decided that I needed to find some good man and have the poor fuck make an honest woman out of me. And then I met Jason…
This man exceeded ANY expectations I may have had for a Future Father Of My Children. We are so disgustingly happy I will spare you the details, because they get graphic and may cause you nausea, headache, and shingles. However, my original objective (from when – remember? – I had first gone on the man hunt to merely swap my last name for a one easier to pronounce and seal it with a semi-precious metal band on my finger) inevitably changed. Because I care about the guy SO MUCH, not only did I want HIM, but I also needed to sway the "in-laws" and prove I was THE ONE for their beloved firstborn.
The perfect opportunity arose when Jason's parents agreed to come and visit with us for a week. Yes, we've met before, and – as one would expect gauging from how they raised their offspring – they are a perfectly delightful and lovable couple. They are so adorable, in fact, every time I see them I want to squeeze their cheeks and hug the living god out of them. But that's just me. You never know with the in-laws!
Since I didn't have a royal family to back me up, nor did I live in an African tribe where my father could just offer me to any willing male along with a cow, a mule, and three silver coins, I had to rely on my own resources. I cleaned the house, dusted my "cute" Polish accent, sprayed myself heavily with virgin-like innocence and charm, and planned with Jason a fun week for his folks.
We didn't waste any time and drove them straight from the airport to the wine country for wine tasting. We let them get happy in Solvang, after which we all HIT THE PARTY SCENE in LA.. Considering their average alcohol consumption is nearly zero I must admit – Jason's parents were great sports!
After all that play, it was time for my last bullet – an olde trick my witch mother (good witch) taught me years ago in Poland. I was going to woo them through their stomachs with my secret ingredient – LOVAGE, an herb for centuries used in love spells and love tonics. I invited a few friends over under a pretext of a party, and prepared a feast. On the menu were:
1. Orzo Pasta with Asparagus and Smoked Salmon
2. Whole-wheat Fettucini with Short Ribs and Chocolate
3. Penne with Butternut Squash and Mascarpone Sauce
4. Baked Brie with Honey and Roasted Walnuts
5. Homemade Pita Chips with Hummus and Edamame Dip
6. Almond Meal Cake with Balsamic Reduction (see the recipe here)
At least three of the above listed items had flakes of dried lovage in it. And the herb did its magic! Just days after they left, Jason's parents emailed me for the recipe for the pita chips and a soup I made for them earlier. Not only did they already make both, but they are entering a Soup Contest this Sunday with my soup. Did they get hooked or what?
Since it was such a hit during the impromptu party today I'll share with you a recipe for the Edamame Dip that you could also serve with homemade Pita Chips.
Nothing easier than the latter. Preheat an oven to 350˚. Remove pita bread from a bag, and cut all pieces into eights. Spread the wedges on a sheet pan, drizzle with olive oil, sprinkle over with any kind of coarse sea salt, dry herb (Lovage, Herbs de Provence, Oregano – your choice), and/or ground parmesan cheese, or sesame seeds. Load the sheet pan into the oven and bake for 10-15 minutes until the chips are crisp, but not burnt to DEATH!
As for the Edamame Dip, you'll need:
– 1 package of frozen edamame (14 oz –ish)
– 1 small container of non-fat greek style yogurt
– 1-2 tbsp of good olive oil
– 1-2 cloves of garlic
– lemon juice of 1 lemon
– 1/2 cup of fresh cilantro or dill, chopped
– sea salt + freshly ground black pepper to taste
– If wooing is an objective add 1/4 tsp of dry lovage (optional)
What do you do now? Empty the packaged edamame into a pot of boiling water and simmer for 4-5 minutes. Drain and set aside to cool. Next, throw your chilled beans into a food processor, add the yogurt, roughly chopped garlic, lemon juice, herbage, salt and pepper, and close the lid. Pulse until all components are semi-combined. Then turn the machine back on again, and as its blade is spinning and massacring the ingredients inside, pour the oil in and let it all become one coherent light green mass of a dip. Take a taste, and if the flavor feels balanced set in a refrigerator in a closed container to cool. Serve as suggested above. Feed it to someone special and just watch what happens!
I expect a report back on Monday.