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,

1

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

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.

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.

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 65002011 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. 17872012 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

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.

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.

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,
not presumed'.
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,

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

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, Pre1933 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).

10

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.

11

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

14