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12 Defendants .
-----------------------------------------X
13 360 Adams Street
Brooklyn, New York
14 March 12, 2009
17 A P P E A R A N C E S:
Attorneys for the Plaintiff
18 HERZFELD & RUBIN
40 Wall Street
19 New York, New York 10005
By: DAVID B. HAMM, ESQ.
20
1 A P P E A R A N C E S :
21
22
23
24
25
3
Proceedings
4 Cemetary, et al condensed.
5 Counsel, appearances.
9 plaintiffs.
14 defendant?
25 Okay. Because.
4
Proceedings
11 represents.
23 correct?
10 dismiss.
17 is.
9 plaintiff then.
1 be warranted.
7 certified class.
23 case.
3 everything.
16 congregation.
1 referring to?
3 cross motion.
11 affirmation.
23 individual affirmations.
4 Buss's affirmation.
23 burial.
1 sorry.
9 of two affirmations.
13 affidavit.
19 referring to.
23 of headstones.
8 his grave.
22 congregation only.
9 Court.
15 requirements exist.
22 acceptance.
1 There is no eccestial.
18 congregation?
5 them.
16 bethune.
23 not a problem.
1 be a problem.
3 bethune in there.
7 whole case.
14 distinguish it.
12 entitled to burial.
21 strongly.
23 permanent injunction?
24 burial rights.
5 right to do so.
23 it.
13 representation.
19 cemetary.
1 has.
13 that?
17 says that.
20 opportunity.
22 affirmation.
3 to the burial.
8 positions.
10 back.
16 paragraph eight.
14 cemetary.
9 that.
15 burial.
22 saying?
10 Inc?
24 Joel, Inc..
5 correct?
11 cemetary?
2 August, 2008.
10 keys.
12 here.
5 in the cemetary.
9 concerning that.
11 bylaws?
18 got it.
12 Satmar.
20 be disputed as fact.
24 based on.
20 burial is there.
4 the congregation.
11 at 163.
16 letters.
7 is no issue really.
12 qualify?
19 in court.
24 cannot be buried.
10 afield.
12 Hamm.
19 situation here.
5 to get a declaration.
2 Mr. Rubin.
8 property.
10 bun litigated?
20 back.
21 nonjudiciable territory.
12 same action.
14 Friedman?
6 matter.
15 here now.
24 right now.
8 original action.
9 First, if it is appropriate or
17 congregation.
25 it raises.
47
Proceedings
7 necessary.
13 prior argument.
15 Honor.
11 congregations.
14 position is.
1 are anyone.
9 the money.
7 should be preserved.
4 course of dispute.
18 Fisher?
20 amount of time.
24 Mr. Fisher.
9 him as herogat.
11 herogat?
18 that affect?
24 Gluck is inheritor.
12 Congregation Board.
14 of 2007?
8 me.
20 can be buried.
22 no secret.
25 owed to whom.
56
Proceedings
7 congregation.
9 actions.
1 is no dispute?
9 record.
15 point.
22 Court.
25 Zellman.
58
Proceedings
12 Satmar Cemetary.
25 understand my question?
59
Proceedings
4 also?
8 to be buried?
11 for everybody?
2 in the cemetary.
9 a certificate?
15 no secure guarantees.
17 considered.
21 certificate?
25 there.
61
Proceedings
3 Burial Society.
6 really mean?
20 right?
23 die.
8 one.
11 it.
25 one.
63
Proceedings
5 money?
9 Mahon.
17 of burial.
5 2003 or 4.
16 honored.
8 the papers?
17 the subject.
18 (Document produced.)
25 vest in.
66
Proceedings
10 stands for.
16 up in eccalistical issues.
21 itself?
10 Your Honor.
23 Court.
8 that argument?
16 representation.
21 dementia disease.
12 successor. I know he is --
14 issue today.
16 daughter?
5 Grand Rabbis.
23 simple as that.
3 diametrically opposite.
8 Burial Society.
13 chosen.
19 community.
25 to that position?
74
Proceedings
8 thing we did.
23 Moses.
5 mayor.
20 community?
23 Brooklyn.
21 Congregation.
23 disputed.
9 contract rights.
20 for burial.
10 presented here.
17 recapitulation.
14 is no conflict whatsoever.
25 cemetary.
81
Proceedings
4 interfered with.
14 erected.
19 injunction.
24 certificates.
3 congregant belongs.
7 to hear this.
15 filed.
1 what.
13 determinations.
8 injunction.
10 as I perceive it.
20 of 2008.
25 principles of law.
86
Proceedings
5 claim.
16 themselves as officers.
23 estate.
5 located upstate.
14 opportunity to argue?
14 issue.
22 here.
8 judiciable.
18 this motion?
16 over.
21 to be away.
25 or 28th of May.
92
Proceedings
2 for me.
5 interested.
8 eve of Shavuas.
13 26th, Tuesday.
17 is fine.
24 dismissed.
5 original.
17 order.
19 REPORTER'S CERTIFICATION
22 proceedings.
23 _______________________
MARGARET BREITFELLER,RPR
24 OFFICIAL COURT REPORTER
25