April 30, 2012

PRESS RELEASE:

Adoption
of Bylaws by the Members of Congregation Ahavas Moische, Inc.

The Board of Trustees of Congregation Ahavas
Moische, Inc. a/k/a The Maple Street Synagogue announces the adoption of
Synagogue Bylaws for the first time in over 100 years of Synagogue history. On
Sunday evening, April 29, 2012, the members of the Synagogue gathered for a
special meeting in the Synagogue’s social hall, to vote on bylaws drafted by
the Synagogue’s attorneys, The Law Offices of Mitchell C. Shapiro, and reviewed and recommended by a fully-constituted Board of Trustees.

“We looked into the historical documents of the Synagogue back to the original
Synagogue Charter in 1930, and found there had never been Bylaws to guide the
Synagogue,” said Mr. Eli Blachman, the President of the Synagogue.  “Would you believe that for 80 years, no one in the Synagogue even realized that we had the wrong number of Trustees? The Religious Corporations Law says you must have 3, 6, or 9, and the Synagogue had 7 for some reason.”

Members of the Synagogue were given the opportunity to bring the draft of the Bylaws
home and carefully review the new Bylaws before voting on them. The Bylaws were
distributed in conjunction with the announcements for the meetings on two
consecutive Sabbaths (the bylaws themselves were distributed after Sabbath to
avoid desecrating the holy day) and were introduced to the Members at meeting
of the Synagogue on Sunday evening, April 22, 2012.

The Bylaws, which were adopted by a unanimous vote of the Members of the Synagogue, will change how the Synagogue is run in the future, with the goal of making the Board more democratic and transparent, in order to encourage more new members to come pray and strengthen the Synagogue.

Under the new bylaws, Membership in the Synagogue is afforded to those who have regularly worshiped and paid their annual dues (which, in the past, has meant buying seats for the High Holidays).  A membership committee will be formed that will have the right to grant membership to certain individuals who do not fit this criteria, but are committed to strengthening the Synagogue.

This Committee will only consider those individuals who behave consistent with
the Shulchan Aruch, in the way of the Torah, including respect for the officers
and Trustees and rules of the Synagogue, including decorum during prayer
sessions.

“The purpose of the bylaws is not to maintain the existing status quo,” announced
Mr. Yisroel (Bruce) Karp, the Synagogue’s Chairman for over 35 years, “but to empower the Synagogue’s members to make their own decisions in the future about who is best
suited to run the Synagogue, make important decisions, and ensure that the
Synagogue will always be around to serve the needs of the South Crown Heights
Community – which his rapidly expanding – ad
bias goel tzedek.”

The new Bylaws have been circulated by email to families in the community and are
available on the Synagogue’s website, www.maplestreetshul.com.

With sincere regret, the Board of Trustees of Congregation Ahavas Moische, Inc.
a/k/a The Maple Street Synagogue announces that it is compelled to file a
motion for contempt of court seeking fines and sanctions against five of the
Respondents in the ongoing litigation to confirm the Psak Din (arbitration
award) of the Givas Hamorah Bes Din. These men – JOSEPH KATZOFF, SHIMON HERZ,
MEIR SHLOMO JUNIK, DOVID LEIB GROSSBAUM, and MICHOEL SLATER – have repeatedly
violated the terms of the Psak Din and the Temporary Restraining Order that was
issued against them by the Supreme Court, ordering them not to interfere with
Synagogue President Eli Blachman’s management and decision-making in all
matters regarding the Synagogue.

 Over the past few weeks, as the Synagogue has begun the process of reorganizing its
management to comply with the New York Religious Corporations Law, these men
have intensified their interference to include gangsterism and
criminality.  Synagogue Board Members
have been accosted and harassed by these men, with extortionate threats and
threats of physical assault against them and their families if they did not
resign as Trustees. One of the men brazenly screamed at a newly-appointed
Trustee at a l’chiam engagement party
last Sunday evening, ordering him to resign or risk that he will “get
hurt.”  Another of these men apparently
committed burglary, trespass and vandalism last Friday afternoon by entering
the Synagogue without permission and breaking into the Synagogue’s announcement
cabinet removing a sign announcing an upcoming meeting of the Members of the
Synagogue.

It has always been the Board’s desire to resolve this dispute civilly and without
fanfare, but these men have shown their devious colors by constantly trying to
undermine the Halachic and legal processes, slander the Trustees and now,
engage in criminal acts. This is not the way of the Torah and not the way that
adults resolve their disputes. The Board can no longer tolerate these callous
attacks and it must exercise its rights under the law, as affirmed in the Psak
Din, to protect the Synagogue and its Trustees and to punish the past
violations so that they will not be repeated.
The Synagogue has referred to this group of men in Court papers as “the
Cabal.”  According to Wikipedia, a “cabal” is “a group of
people united in some close design together, usually to promote their private
views and/or interests in a church, state, or other community, often by
intrigue. . . . The use of this term usually carries strong connotations of
shadowy corners, back rooms and insidious influence; a cabal is more evil and
selective than, say, a faction, which is simply selfish.”  It is the opinion of the Synagogue’s leadership that this term accurately describes this group of dissidents, men who have shown that their true desire is to attack and undermine Mr. Blachman,
hijack control of the Synagogue that Mr. Blachman and Mr. Yisroel (Bruce) Karp
have dutifully and painstakingly served for more than 30 years, and seize
control of the Synagogue’s property, a mortgage-free building worth in excess
of $2 million with a beautiful sanctuary.

The Cabal has now, on two consecutive Fridays, delivered misleading letters to the
members of the Community in unsuccessful attempt to misrepresent what has been
happening and to derail the Synagogue’s orderly ratification of proper bylaws
at legally convened, public membership meetings.  Three of the Cabal leaders, Katzoff, Junik
and Herz, signed the April 26^th letter, in which they try to once
again attack Mr. Blachman and Mr. Karp.
In fact it was the Cabal who lost at the Beth Din that they convened, it
was the Cabal that forced the Synagogue to spend legal fees to file the Court
action to protect the Synagogue and its building from the Cabal’s illegal
attempts to hijack the Synagogue and its building in violation of the Psak Din,
it is the Cabal who asked that the hearing scheduled for February be postponed,
and it is the Cabal – NOT THE LEGITIMATE BOARD of the Synagogue – that is
prohibited by Psak Din and Court Order from interfering in the operation of the
Synagogue.  The letter written by the
Synagogue’s attorney on April 20, should have debunked the foolish thought that
Mr. Blachman and the Synagogue are in any way restrained from continuing to
manage and operate the Synagogue.  The
bylaws prepared by the Synagogue’s attorneys and posted on the Synagogue’s
website are in compliance with applicable law.
In the face of this relentless, contemptible attack, the Synagogue’s
Board has no choice but to publish this announcement, correcting the record,
and to seek the assistance of the secular Court to protect the Synagogue and
its devoted Board members.

 In order to explain the
Board’s actions to the Synagogue Members and to the Community, some background
information is in order. 

 A dispute erupted a few years ago between a number of individuals who attended
the Synagogue back then and the President and Chairman of the Synagogue
regarding the management and operation of the Synagogue.  In particular, these dissidents were unhappy
with the leaders’ desire for better decorum during services, a quieter davening (prayer service), and the new
rule that the room with the food for the Kiddush (the collation following
services) would remain locked until after the services had ended, after a few
individuals had decided to eat the food during services instead of waiting for
the congregation.  The dissidents’ stated
objection was that the Synagogue Board lacked democracy and transparency.  As the dispute continued to simmer, Messrs.
Katzoff, Herz and Junik on their own accord stopped coming to the Synagogue on
a regular basis or contributing financially to the Synagogue. They barely
entered the Synagogue, if they entered it at all, for over three years, except
occasionally when refreshments were being served. In addition, at one Shalosh Seudos (Sabbath afternoon meal),
one of the Cabal stood up and loudly announced that “no one should donate any
money to the Shul, unless Eli Blachman opens up the books.”  These men have only returned to the Synagogue
for Sabbath services after the Board decided to pursue legal action, pointed
out that they had lost their status as members, and were presumably advised by
their own lawyer that they lacked standing to take over the Synagogue – and its
mortgage free building (worth in excess of $2 million).

 In the summer of 2010, these men decided to rehash the dispute by acting in
concert as a Cabal and engaging the Crown Heights Beth Din. Eventually, Rabbi
Schwei and Rabbi Braun advised the Cabal that they had permission to bring a
Din Torah (religious arbitration) in a Beth Din outside of CrownHeights.  In the summer of 2011, these men summoned the
President of the Synagogue, Mr. Eli Blachman, to a Din Torah at the Givas
Hamorah Beth Din in Bensonhurst. Mr. Blachman was initially hesitant to go to a
Beth Din outside of CrownHeights because of his believe that a dispute
regarding a Synagogue in CrownHeights ought to be handled by the
Crown Heights Beth Din.  Mr. Blachman
sought the counsel of Rabbi Osdoba and his Secretary, Rabbi Segal, of the Crown
Heights Beth Din. They instructed him that he should respond to the outside
Beth Din by letter, affirming his right under Halachah (Jewish law) to have the matter heard by a panel of rabbis
from Crown Heights. The Givas Hamorah Beth Din responded by issuing a series of
two siruvim (contempt) letters
followed by a cherem
(excommunication) letter.

These documents were sent by the members of the Cabal to the entire Crown Heights
Community on at least three occasions, defaming Eli Blachman and causing
extreme embarrassment to members of his family. Rabbi Osdoba subsequently told
the gabbais (sextons or deacons) of Congregation
Lubavitch, the central Crown Heights Synagogue, at a daily prayer session that
they should enforce the cherem and
not give Mr. Blachman an aliyah (allow
him to be called to the Torah) on his birthday, as is customary.  In order to have himself removed from cherem, Mr. Blachman agreed to answer
the summons to the Givas Hamorah Beth Din, who ultimately, and to the chagrin
of the Cabal, ruled that their claims were without merit and that Mr. Blachman
should continue to run the Synagogue, as he has done for more than 30 years.

 Four of the five members of the Cabal who are now being brought up on contempt were
all present at the hearing of the Givas Hamorah Beth Din on January 15, 2012.  Mr. Katzoff, a member of the Cabal and the
first-named Respondentin the Supreme Court proceeding, signed an arbitration
agreement allowing the Beth Din to decide all claims between the parties.  He was then given the full opportunity to
present a case before the Beth Din. Ultimately, the Beth Din delivered a Psak
Din on January 19, 2012, awarding Mr. Blachman with “the right to direct and
make decisions on all matters concerned with the Ahavas Moische Synagogue of
612 Maple Street, Brooklyn, N.Y. whether spiritual or mundane for the next
three years, that is until RC Shevat 5775 {calendar date: January 21, 2015}.”

Clearly unsatisfied that the Beth Din had ruled in favor of Mr. Blachman, the Cabal
returned to Rabbi Osdoba with the goal of circumventing the Psak Din
(arbitration ruling). The Synagogue has never signed any arbitration agreement
to refer any claims to Rabbi Osdoba, and Rabbi Osdoba has never been either a
Trustee or an Officer or even a Member of the Synagogue.  Nonetheless, the Board understands that Rabbi
Osdoba ordered the individual who was named as Secretary of the Synagogue in
the 1970’s, but who has since forfeited his position by operation of the New
York Religious Corporation Law, to call a meeting of the Board of Trustees to
take place at the office of the Crown Heights Beth Din on February 16,
2012.  The Board understands that Rabbis
Osdoba wrote a letter to three other individuals who had forfeited their
positions as Trustees instructing them to appoint proxies to vote at the
meeting.  Members of the Cabal showed
this letter to the former Trustees but never showed it to Mr. Blachman and Mr.
Karp, who have been active as Trustees of the Synagogue for more than three
decades.

 Three days before the unauthorized meeting was scheduled to take place, which would
have thrown the entire process into hefker
(utter confusion) the Synagogue Board of Trustees made the decision that it
must protect the Synagogue and the rights awarded to its Trustee under the Psak
Din, since it was clear that the Cabal was not going to respect the award of
the Beth Din that they had themselves convened.
Mr. Blachman informed the Givas Hamorah Beth Din of his intention to
have the secular court confirm the Psak Din, and received the certified copies
of the arbitration agreement and the Psak Din (written arbitration award)
necessary to go to Court. The Board retained The Law Offices of Mitchell C. Shapiro to petition the Supreme
Court to confirm the Psak Din of the Givas Hamorah Beth Din and to obtain a
Temporary Restraining Order (“TRO”) to stop the Cabal or anyone else from
holding the unauthorized Board meeting, summoning Mr. Blachman to another Beth
Din while the lawsuit is pending, and interfering with the rights awarded to
Mr. Blachman by the Givas Hamorah Beth Din, namely management and decision
making in all matters regarding the Maple Street Synagogue.  On the eve of the meeting on February 16,
2012, the Court issued the TRO until after the hearing on the matter of confirming
the Psak Din (currently scheduled for June 8, 2012).

 The Cabal members named in the lawsuit have repeatedly violated the TRO from the
moment they were put on notice of its existence and its substance. Mr. Blachman
and Mr. Karp went to the unauthorized meeting in the office of the Crown Heights
Beth Din for the sole purpose of announcing prior to the start of the meeting
to those in attendance that the Supreme Court had issued a TRO prohibiting such
meeting, but the attendees proceeded with convening the meeting, where Mr.
Grossbaum rapidly read off a list of “resolutions” purporting to change the
entire structure of the management of the Synagogue, which were just as quickly
“passed” without thought or deliberation by the meeting attendees.  (Showing their true intention, one of the changes proposed by the Cabal was to appoint as chairman of the Synagogue an individual who serves as the Rabbi of a different prayer service located in a place under the control of one of the dissidents, who does not even pray at or
belong to our Synagogue.)  The one-minute
illegal meeting was quickly interrupted when the Synagogue’s attorney hurriedly
arrived from obtaining and making copies of the TRO papers and served them upon
everyone attending the meeting.  The Synagogue’s attorney sent a letter the next morning to remind those who took part in the meeting that it was a violation of the TRO and any resolutions purportedly made at the meeting were null and void.

 On notice of their weak legal claims – and lack of standing – to seize control of
the Synagogue and its building, Messrs. Katzoff, Herz and Junik suddenly
started arriving to the Synagogue for Sabbath services for the first time in
over three years.  Mr. Grossbaum, who had
just moved back to Crown Heights from Iowa, thrusted himself into the center of
a dispute over a Synagogue that he had not entered in more than four years.Since
then, theCabal has come from time to time with their full group of four to sit
in the Synagogue, but without participating in prayer services.  They utilize their time in the Synagogue to
engage others in conversation, to interfere with the decorum of the davening (services),
to outwardly show disrespect to Mr. Blachman, to undermine his authority to run
the Synagogue, and to slander the Board of Trustees.  On at least two occasions, they threatened
members of Mr. Blachman’s family inside of the Synagogue and defamed them.  They have also arrived to the Synagogue on
multiple occasions with groups of young men from a local security group, including
relatives of one of the Cabal leaders, in a transparent effort to intimidate
the Trustees of the Synagogue.  They have
now threatened three of the members of the Synagogue Board of Trustees to
resign in order to avoid getting “hurt,” and previously menaced and informed
YankyBlachman, Mr. Eli Blachman’s son and the gabbai of the Synagogue, that he
was going to “get hurt.”

 On February 19, 2012, only three days after being served with notice of the TRO
that prohibited them from trying to get any Beth Din, including Givas Hamorah,
involved in the Synagogue matters until the Court had ruled on the Petition to
confirm the original Psak Din, one of the Cabal leaders – Mr. Grossbaum–
brought Mr. Blachman to yet another Din Torah at the Givas Hamorah Beth Din.
Mr. Blachman came to the Din Torah fully willing to participate to the extent
that the Din Torah would not have violated the TRO, although Mr. Blachman has
had no dealings with this man other than those concerning the Synagogue, and
such topics were prohibited by the TRO.
Mr. Grossbaumrefused to allow Mr. Blachman to proceed with his attorney
present, despite the fact that the Beth Din’s website clearly permits a
participant to appear with an attorney.
As a result, the Din Torah was abruptly ended and Mr. Blachman was once
again improperly placed in siruv
(contempt).  Mr. Grossbaum also raised
the issue of the TRO in front of the Beth Din, confirming that he was engaged
in a violation of the TRO.  The
Synagogue’s attorney delivered a letter to Mr. Grossbaum, putting him on notice
of his violation of the express orders in the TRO and that violations of the
TRO may be punished by sanctions for contempt of court.

 In the days leading up to the Synagogue’s annual Melave Malka fundraiser banquet, the Cabal went to Rabbis Schwei
and Braun and showed them a copy of the new siruv
letter that they had gotten issued as a result of Mr. Blachman’s refusal to
proceed with a Beth Din that would violate the TRO.  The Cabal insisted that the Crown Heights
Rabbis must distance themselves from the Synagogue and not attend the Melave
Malka.  (Of course, this did not stop the
Cabal from attending the Melave Malka themselves, after making a “donation” to
the Synagogue of $5.40, a mockery of the requested minimum donation of
$54.)  The Board believes that this is
the first time in 30 years that the Crown Heights Rabbis have not attended the
Synagogue’s Melave Malkah annual dinner meeting.  A letter was sent by the Synagogue’s attorney
to an attorney who had appeared in Court on behalf of all of the Cabal
requesting him to restrain his clients from such blatant violations of the TRO
which clearly were injurious to the Synagogue.

The attorney representing the Cabal confirmed that one of his clients had spoken to
Rabbis Schwei and Braun regarding the siruv,
which was issued as a result of the prohibited actions of another one of his
clients, both members of the Cabal.   The
lawyer did not even attempt to refute the fact that Mr. Grossbaum had violated
the TROby convening the illegal meeting of the old Board of Trustees and
attempting to bring Mr. Blachman back to the Din Torah.  Ironically, the attorney also suggested that
“Shalom” (peace) can be brought to the situation.

Can “Shalom” be brought to the situation?

 The events of the past two weeks confirm that the Cabal has no intention of making
peace and will stop at nothing to destroy the Synagogue’s Trustees and to seize
control of the Synagogue and its building.
On Friday morning, April 20, 2012, the Synagogue’s attorney received a
faxed letter allegedly written two days earlier by an attorney who has never
appeared in the case before, misguidedly threatening that any attempt by Mr.
Blachman and the legitimate Board of Trustees to convene a special meeting of
the Members of the Synagogue would violate the TRO and those who attend would
be sanctioned.  In violation of the TRO,
this letter was mailed to the Crown Heights Community on April 19, 2012, in a
transparent effort to intimidate Synagogue members from coming to the
meeting.   The Cabal then repeated this
threat to a number of members of the Synagogue in person, admonishing that they
will subpoenaed to testify in Court against the Synagogue Board.

 Apparently inspired by this legally incorrect advice, the Respondents have engaged for the past two weeks in an increasingly contemptible campaign of interference and
criminality against the Synagogue and Mr. Blachman.  On Friday Afternoon, April 20, 2012, Mr.
Grossbaum again violated the TRO by trespassing on Synagogue property.  During the time that security cameras reveal only Mr. Grossbaum was present in the Synagogue building, the Synagogue’s
announcement cabinet was vandalized and damaged, and a letter announcing a
meeting of the Members of the Synagogue was removed.  This was an obvious attempt by the Cabal to derail the Synagogue’s meeting, which requires advanced notice.  Soon thereafter, the other Cabal leaders arrived at the Synagogue and attempted to interfere with a police investigation
into the vandalism.

Further emboldened, all four of the Cabal leaders increased their campaign of threats
and intimidation. On that Friday afternoon (before the new Board was ever
announced to the public), a Trustee of the Synagogue who had been appointed
earlier in the week was approached by Mr. Grossbaum and was told that bad
things would happen to him if he did not resign immediately. This Trustee later
wrote to the Board that he had been unable to sleep at night and had to step
down out of fear of these men attacking his reputation.

 On Sunday evening, April 22, 2012, the Synagogue held a special meeting of its
Members, had the membership ratify the appointment of the four new board
members (appointing only four to comply with the NY Religious Corporation Law
which mandates the number of Trustees), and distributed the new bylaws of the
Synagogue, all done in accordance with the NY Religious Corporation Law and in
the interests of bringing broader participation, democracy and transparency to
the shul.  That meeting was open to the
entire community and attended by Mr. Grossbaum, who sat in the middle of the
room, taking pictures of all persons in attendance and continuously pushing the
buttons on his phone keypad to make the phone beep loudly while Mr. Karp was
speaking.  Later that evening, one
Trustee and his wife were contacted no less than eight times by all four of the
Cabal leaders, instructing him to resign immediately or else they would make
sure that he was hurt financially.  Mr.
Herz actually accosted this Trustee at an engagement party and screamed at him
in front of dozens of witnesses threatening to “hurt” him if he did not
immediately resign. The following Tuesday, Mr. Junik came to this Trustee at
his place of business demanding to know whether he had made the decision to
step down yet. When this Trustee answered that he had resigned, the individual
responded “yeah, very smart, very smart.”
Out of five new Trustees – all active members of the Synagogue for years
who were appointed in accordance with the procedures of the NY Religious
Corporation Law for the purpose of bringing greater democracy to the Synagogue –
four have tendered resignations in the course of five days, all apparently due
to the Cabal leaders’ campaign of intimidation and harassment and their fear of
retribution.

 Mr. Slater, who participated in the illegal meeting on February 16, has refused to
return the key to the Synagogue that he was given years ago when he volunteered
to help in the Synagogue.  To protect
itself from additional acts of mischief, the Board has no choice but to seek a
contempt order against him as well.

 Are extortion, intimidation, harassment, threats of assault, burglary, trespass,
criminal mischief, and slander the way of people who want peace?  Is their idea of democracy and transparency
to attack anyone willing to help the Synagogue move through this period of
transition and well into its next 100 years? Are people who resort to these
tactics the type of people who should be permitted to attend, much less
control, a Synagogue?  By their actions
each, of these men has placed himself in the category of RODEF (assailant) and
MOSER (informant/betrayer), who it is obligatory to stop, even by referring the
case to the secular authorities.

 At the present time, the Board must leave to the individual victims the sensitive,
personal decision of whether to file criminal charges of assault and extortion
against the four men who committed these crimes. However, the Board and the
remaining Trustees cannot and will not stand by as the Synagogue comes under
ruthless attacks by uncivil men. The Board will not hesitate to contact the
authorities if any of these men or their collaborators within the Cabal commits
further criminal acts against the Synagogue.
The Board shall also be taking appropriate steps to bar these men from
the Synagogue and moving for contempt of court against the leaders of the Cabal
for their ongoing illegal campaign against the Synagogue and its Board (in
clear violation of the TRO), the punishment for which may be a fine or
imprisonment.

Notices of Upcoming Meetings April 29 2012

Notices of Upcoming Meetings

Response to Burstin letter

Letter to Attorney