CROWN HEIGHTS — After much bickering over how to withdraw the new Vaad’s Messira from court, Rabbi Avraham Rosenberg put the issue to rest in his most recent ruling. He instructed the Osdoba camp to accept the stipulation as means to end the court action, and they must sign it immediately. A copy of the document was forwarded to CrownHeights.info showing the Osdoba camp immediate compliance with the ruling.
After R. Rosenbergs Letter, Stipulation Signed Immediately
CROWN HEIGHTS — After much bickering over how to withdraw the new Vaad’s Messira from court, Rabbi Avraham Rosenberg put the issue to rest in his most recent ruling. He instructed the Osdoba camp to accept the stipulation as means to end the court action, and they must sign it immediately. A copy of the document was forwarded to CrownHeights.info showing the Osdoba camp immediate compliance with the ruling.
According to the Osdoba camp, at the time of the psak Elie Poltorack offered 2 ways to withdraw from court: 1. Issue a motion for discontinuance (which only means that next day he can go back to court) or 2. Translate the psak and enter a motion to the court, closing the case forever. Since a ruling has been made by arbitration of a Bais Din, and in this way this issue can never be brought back to court again.
After delays and excuses, Mr Poltorack said that he had the pask translated but it was not to his satisfaction. He wanted it redone and he was not willing to it. Then the Schwei camp complained to R. Rosenberg, saying that he needs to stop the Osdoba camp from saying that they did not comply with the psak.
In his letter, Rabbi Rosenberg made no mention of the two other allegations against the Schwei camp and the accusations of them not complying with the psak. The fact that Rabbi Segal was not paid is past due salary, as well as him not being restored to his offices.
The following is the ruling from Rabbi Rosenberg:
Regarding the Bais Din order to cancel all court actions.
Paragraph 56 of the PSAK-DIN reads, the parties shall immediately cancel all secular court actions between the parties.
Paragraph 57 of the PSAK-DIN reads, the parties may confirm this PSAK-DIN in secular court.
the intent of the BAIS-DIN was to cancel the court actions the fastest and simplest way. this is usually done via a stipulation to withdraw that permanently closes the file. this needs the signature of the attorneys of both parties.
about a week after the PSAK-DIN R’ Eli Poltorak a representative of Rabbi Swei Shlita’s party (who is also an attorney) sent a signed stipulation to withdraw to R’ Yosef Katzman a representative of Rabbi Ozdova Shlita’s party. I was copied on it. a copy thereof is attached hereto.
With the sending of the signed stipulation to withdraw, Rabbi Swei Shlita’s party has fulfilled paragraph 56 of the PSAK-DIN, as at that point the ball was in the hand of Rabbi Ozdova Shlita’s party.
R’ Yosef Katzman a representative of Rabbi Ozdova Shlita’s party wanted the cancellation of the court actions be combined with a confirmation of the PSAK-DIN (which was never ordered, it was only allowed). although BAIS-DIN didn’t intend doing it this way, Rabbi Swei Shlita’s party was willing to accommodate, and do it as Rabbi Ozdova Shlita’s party wants it done. The fact is that as of now it wasn’t done and each party blames the other for the delay, furthermore it seems to me that going this direction will drag it out for a long time.
Therefore in the name of the BAIS-DIN I’m ordering the parties to do it the way it was initially intended, and Rabbi Ozdova Shlita’s party shall see that their attorney shall co-sign the attached stipulation to withdraw, so it can be filed in court without delay.
CH born and raised
I am definitely voting for the new candidates, enough with all the excuses!
Rabbi Shea Hecht
Aaron Vogel
Zaki Tamir
Yossi Hackner
and other too, but I WILL pick at least 5 and maybe one more.
L’Chaim! To Better Days IY”H!
Perfect Timing
i wonder who is going to be taking the credit for this one
correct
Its Rabbi’s OSDOBA shli“ta and SCHWEI shli”ta, not Osdova and Swei
Polt - Crack
Stay away from Poltrack.
I personally saw with my own eyes Poltrack spit at R’ Yudel Krinsky when walking past him in front of 770. I wish I could have done something, but I was walking with my 3 children…… (sorry r’ krinsky)
Is he 5?? who spits at people?? have all the disagreements you want.. but spit???
HELLLOOOO stay away from this despicable human being.
awacs
“without prejudice” means that either side can go back to court.
sick and tired c.h-er
lol and the comedy show goes on…. the rest i will leave to your imagination
nebech
Milhouse
“this is usually done via a stipulation to withdraw that permanently closes the file.”
Did R Rosenberg read this stipulation? Does he realise that it explicitly says that the action is discontinued WITHOUT PREJUDICE? How does that fulfill the beis din’s intent? What is to stop Poltorak from refiling it the day after the election?
c;r voting for new guys
#7 i have the same questein
going for the new guys. anough with the
the way the bais din normaly work is the like to compermise so last week he let hechet run. now he will give them a chance to feel so to say fare. but the fact remains. the are trying to put pepole behind bars
BigBen
Now is your chance to affect change in Crown Heights (not like Obamas change). Give new guys a try. Shea Hecht is eyeing a city wide position after his stint in the CHCC.
Vote them in.
Hecht
Hackner
Tamir
Benaroach
Vogel
Keller
Schriber