APPELLANTS COMBINED INTERLOCUTORY APPEAL BRIEF by

Appellate Rule 670.9 (d)(iii) Alternate Method of Prosecuting Appeals with

Original Record in an Election Law Case in lieu of Appendix

The undersigned Appellant Strunk and Intervener Appellant Van Allen are

self-represented without an attorney submitting a combined appeal as captioned

above due by 26 May 2015; and hereby submit according to 670.9 (d)(iii) for

remand and or hot court hearing under exclusive equity of the interlocutory appeal

taken from New York State Supreme Court for the Kings County Index No.:

29642-2008 w/ Decision and Order of David I. Schmidt JSC, see APX -16

appended herewith (Order) that involves related Article 78 Petition Van Allen v

NYS BOE NYSSC Albany County Index No. 1787-2012 regarding the fraudulent

arbitrary changing of the POTUS eligibility from Natural-born Citizen (NBC) to

Born a Citizen having been dismissed by Richard J. Platkin AJSC on 9 July

2012, see APX 25 appended herewith (Related Order). The Order thereby denies a

second request for acceptance of completion of service nunc pro tunc and for

hearing of the evidence of fraud with treason at the November 2008 General

election for the Office of President of the United States (POTUS) notwithstanding

the constitutional importance of the Related Order, and thereat involving various

Electors of the Democratic and Republican party who are and or were also Public

Officers of the State of New York (Defendants / Appellees), and thereafter,

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resulted in the filing of related cases 6500-2011 and 21948-2012; and that the

companion case Petition 29641-2008 with the Decision that set the law of the case

for 29642-2008, and State Officers also serving as POTUS electors for pay too as

well as for the 2012 Petition Van Allen V. NYS BOE NYS SC County of Albany

Index No.: 1787-2012. That 29642-2008 remains open with a pre-trial conference

schedule for 17 June 2015 and that the NBC issue with the NYS BOE to answer

must be combined.

Background

In October 2008 Strunk filed the Article 78 Petition 29641-2008, and

Complaint 29642-2008 depending upon the decision from the Petition 29641-2008;

and thereafter, became the law of the case regarding the 2008 General Election and

fraud circumstances. And of note, during the Petition 29641-2008 hearing Judge

Schmidt on the transcript admitted to support of the Democratic Party Candidate

Barack Hussein Obama for election. Complaint 29642-08 was joined simultaneous

with the Petition 29641-08 as both were duly served by order of the Court and that

29642-08 was also served individually in December 2008 by Intervener Van Allen.

To prove fraud, in November 2008 Strunk sought actual evidence of Barack

Hussein Obamas whereabouts at birth according to a Freedom of Information Act

(FOIA) request of the State Department for his purported Mothers passport

records with case 08-cv-2234, and on 29 July 2010 after a prolonged discovery

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process in Washington District of Columbia US District Court before Judge

Richard J. Leon, beside proving spoliation and concealment had occurred as a

major cover-up, evidence shows the actual adoptive Indonesian name of Barack

Hussein Obama is SOEBARKAH, and coincides with Complaint allegations he

is Barry Soetoro too is not NBC. And with the evidence Strunk went back before

Judge Schmidt to proceed.

However, despite the fact that Van Allen had served the Complaint in

December 2008, Van Allen had not completed an Affidavit of Service of the

Complaint for filing with the Clerk of the Court; and upon discovery of the

incomplete service, Strunk filed a motion attempting to complete service nunc pro

tunc that was denied by Judge Schmidt; who when given a proposed supplement to

the Complaint recommended that Strunk file a new case in the matter of fraud, and

that Strunk filed the new case on 22 March 2011 with Index 6500-2011. However

due to the fraudulent nature of the RJI submitted by John S. McCains counsel case

Strunk v NYS BOE Etal. Index 6500-2011 was assigned to Judge Schmidts judicial

sidekick(1) Arthur M. Schack J.S.C. who thereafter committed judicial malpractice.

1 Judges Schmidt and Schack were subpoenaed to testify in a New York County Supreme Court complaint matter of a fellow Judges allegation that each had purchased their judgeship for $50,000 as a standard practice; and that Strunk himself had witnessed such standard in 2000 while accompanying attorney to meet with Democratic Party fixer Mitch Alter in his office, and that Strunk submitted such evidence to the Kings County District Attorney in regards to the then on going Criminal fraud trial of Clarence Norman.

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Stymied by judicial malpractice, at both the state and federal level, Strunk

filed the 2012 General Election Article 78 Petition in Kings County with Index

21948-2012 having filed notice of treason and misprision of treason involving high

crimes for investigation by various District Attorneys with accessory before and

after the fact of the 2012 POTUS Democratic Party Electors, also being Public

Officers as during 2008; and thereafter on or about 7 December 2012 before the

Electors were to meet Strunk filed the Note of Issue for Public officers to at least

attend a trial of the evidence with cross examination; and to no avail followed with

motion of Respondents default is now dismissed by Judge Schmidt; and

In lieu of the outrageous judicial malpractice of Arthur M. Schack in 6500-

2011 regarding to Strunks effort to resolve the NYS BOEs arbitrary changing of

the eligibility qualifications from Natural-born Citizen to Born a Citizen as

part of the constructive fraud after the 2008 General Election thereafter ignored by

this Court upon interlocutory appeal of the denial by Judge Schack, Van Allen

filed his Petition Van Allen v NYS BOE NYSSC Albany County Index No. 1787-

2012 challenging its change of the POTUS eligibility from Natural-born Citizen

to Born a Citizen to no avail having been dismissed by Richard J. Platkin AJSC

on 9 July 2012 by Related Order now seeks exclusive equity review of fraud herein

Leaving no administrative remedy to chance, with Strunk even having fired

the usurper Barack Hussein Obama II on 23 January 2009 for cause, We go the

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extra mile in good faith, and note that Strunk duly registered with the Secretary of

the Treasury as surety no more for the national debt, and as such Strunk is duly

appointed and registered Public Executor of the Express Deed In Trust Of The

United States Of America (Old Republic versus the present Empire), for as this

Court recognized on 4 March 2014, WE are under a continuing time of war and or

emergency with 12 USC 95(a) with 50 USC Appendix 5(b) by Executive Order

2040 of 9 March 1933. And as this Court recognizes, as such no Federal or State

Court is able to render Civilian due process of law with the protections of the

Constitution for the United States of America or for the respective State of several

States now a territory per se, and for in each occupied territory the Courts use

Martial due process of law by enforcing the Statutory provisions of occupation as

to every natural person being registered after birth or naturalized as the surety

indenture for their own registered debtor in commerce, with each surety serf also

responsible for the United States national debt. However, every natural person has

available relief from the indenture when a human is a registered noncombatant,

thereafter is due the return of his property and status under the present use of the

Trading with the Enemy Act brought inland by the Emergency Banking Relief Act

of 9 March 1933; that has made the POTUS the trustee of a corporate matrix who

as the occupying commander-in-chief to collect debt for the creditors.

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With the foregoing, our endeavor is of utmost importance to save the

Constitution for the United States of America use of the Article 2 Section 1 Clause

5 use of Natural-born Citizen clause to safeguard the borders language and culture

of the Republics sovereignty of We the People that since 4 March 1933 has been

increasingly undone at and by all levels of public and private outrageous

corruption with impunity, eviscerates the founding trust; and as such WE initiated

the Natural Born Citizen Party National Committee Trust Fund to perpetuate the

sovereign Republic whose natural law founding trust documents are the Judeo

Christian Bible, Declaration of Independence and Constitution for the United

States of America. The Natural Born Citizen Party National Committee seeks to

elect Chris Strunk POTUS and so as to safeguard the return of the Republic against

treason that favors the Empire by arbitrary use of Election Law.

Argument for Remand with Completion of Service Nunc Pro Tunc

The Definition and Distinction of Fraud as with the NYS BOE change NBC

eligibility, in the eye of the civil law was declared to include every species of

cunning, deception, or artifice, used to circumvent, cheat, or deceive another. And

this may suffice for the common law or even for the actual fraud of equity; but it

does not embrace that large class of cases within the remedial power of equity, also

known as constructive fraud cases.

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For this purpose it is better to employ the more comprehensive conception

that Fraud, indeed, in the sense of a court of equity, properly includes all acts,

omissions, and concealments which involve a breach of legal or equitable duty,

trust, or confidence, justly reposed, and are injurious to another, or by which an

undue and unconscientious advantage is taken of another. And courts of equity will

not only interest in cases of fraud to set aside acts done, but they will also, if acts

have by fraud been prevented from being done by the parties, interfere and treat the

case in exactly the same manner as if the acts had been committed.

There is a distinction also between the proof required at law and in equity

which is thus expressed by Judge Joseph Story quote:

"But courts of equity will act upon circumstances as presumptions of fraud, where courts of law would not deem them satisfactory proof. In other words court of equity will grant relief upon the ground of fraud established by presumptive evidence, which evidence courts of law would not always deem sufficient proof to justify a verdict at law. It is in this sense that the remark of Lord Hardwicke is to be understood, when he said that fraud may be presumed from the circumstances and condition of the parties contracting; and this goes farther than the rule of law, which is that fraud must be proved,

ot presumed'. n And Lord Eldon has illustrated the same proposition by remarking that a court of equity will, as it ought, in many cases order an instrument to be delivered up as unduly obtained, which a jury would not be justified in impeaching by the rules of law, which require fraud to be proved, and are not satisfied though it may be strongly presumed." In fine WE may say that equity not only takes cognizance of all cases of

fraud, but that in cases of concurrent jurisdiction it searches for it with keener eye,

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and finds it more readily than does the law. This follows necessarily from the very

nature of fraud, which is rarely proven by direct evidence. As said in an old case:

"The law requires fraud to be proved; yet in most instances the evidence of it must be gathered more from the circumstances attending the transaction, than upon tangible proof. Being hatched in secret or in a hollow tree, it has to be ferreted out by carefully following its marks and signs; for in most instances, though ever so artfully and secretly contrived, it will, like a snail in its passage, leave its slime by which it may be traced." (28 Floyd v. Goodwin, 8 Per. (Tenn) 484.) Furthermore as to treason against the republic, in the words of Marcus

Tullius Cicero, who clearly defined what natural born citizen means in practice,

Cicero stated:

A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear.

Therefore, pursuant to the maxim of English Equity fully recognized in

American federal and state courts, said maxim first set forth in the English

Judicature Act of 1873, as amended in 1875, where generally in all matters in

which there is a conflict or variance, between the rules of Equity and the rules of

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they would be, Complainant as the Complainant has shown cause by the following

facts:

Complainants civilian due process rights as a Pre-1933 Private American National Citizen of the United States secured by both the Fifth and Fourteenth

Amendments to the Constitution for the United States of America are not

cognizable in courts of law, federal and state, sitting in temporary emergency

war powers since March 9, 1933;

Complainants equitable rights as a beneficiary of two grantor / express trusts, as well as private and proprietary documents concerning one of the trusts which

only parties to the trust are authorized to review in Chambers, are not

cognizable in courts of law, federal and state, sitting in temporary emergency

war powers since March 9, 1933;

Complainant in exclusive English/American Equity as a matter of de jure, Pre-1933 Private American National Citizenship status, has a conflict with the rules

of law, specifically, the Federal Rules of Civil Procedure (1938) authorized by

section 17 of the Trading with the Enemy Act (1917), through section 5(b) of

said Act as amended by the Emergency Banking Relief Act (1933).

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Plaintiff Agent/Attorney of RecordStatus of the Man

1. Agent/Attorney of Record is a non-statutory, non-commercial, non-combative,

Pre-1933 Private American National Citizen of the United States under Section

1 of the Fourteenth Amendment to the Constitution of the United States.

2. Agent/Attorney of Record is the private Beneficiary of Complainant evidenced

by private, proprietary trust documents without the statutory/military

jurisdiction of this Court.

3. Agent/Attorney of Record is not the Complainant.

4. Agent/Attorney of Record is not volunteer surety for the Complainant.

5. Agent/Attorney of Record is not volunteer trustee/quasi-trustee for the

Complainant.

6. Agent/Attorney of Record is not one entity with the Complainant.

CONCLUSION

That Plaintiff Appellant be granted exclusive equity review in the matter of

the bad faith actual fraud by the Defendants and its agents with others in the

malfeasance according to the facts complained of with further evidence held by the

Trial Judge in case 21948-2012 and Albany Clerk Petition 1787-2012, and that

Complainant is entitled to other and different relief deemed necessary for complete

justice, as the undersigned, Christopher Earl Strunk in esse sui juris agent for

CHRISTOPHER EARL STRUNK with nom de guerre CHRISTOPHER E.

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APPELLANTS COMBINED 29 page APPEAL APPENDIX

That the original record of the case 29642-2008 associated with the ORDERs of 27

June 2014, 30 May 2014, and 24 January 2014 are subpoenaed for delivery to the

Clerk of the Appellate Court for the Second Judicial Department

APPELLANTS COMBINED 29 page APPEAL APPENDIX

In addition to the subpoenaed original record on appeal with the Clerk of the Court

the Abbreviated APPENDIX is annexed herewith that includes:

Van Allen Request for Appellate Division Intervention.....Apx 1 Van Allen Notice of Appeal from the Order of 27 June 2014...Apx 5 Van Allen Affidavit of Service for NOAApx 7 Strunk Request for Appellate Division Intervention...Apx 8 Strunk Notice of Appeal from the Order of 27 June 2014...Apx 12 Strunk Affidavit of Service for NOA....Apx 14 NYS AG Entry of the Order of 27 June 2014...Apx 15 The Order of 27 June 2014Apx 16 The Order of 30 May 2014Apx 21 The Clerks Review of Papers of 5/14/14...Apx 22 The Order of 24 January 2014...Apx 23 Decision, Order & Judgment of 9 July 2012 for Petition 1787-12...Apx 25

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CES - HVA Interlocutoryr Brief for Appeal 14-10459.pdfFurthermore as to treason against the republic, in the words of Marcus Tullius Cicero, who clearly defined what natural born citizen means in practice, Cicero stated: A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear.