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Pomona, Tartikov Developer Clash Before Federal Judge

The following article appears in today’s Journal News:  Attorneys representing Pomona village and a developer of a planned rabbinical college had their first face-off before a U.S. District Court judge. Congregation Rabbinical College of Tartikov sued the village in July 2007, arguing that Pomona’s land-use regulation and conduct prohibited it from building and operating the college and housing for students on a 130-acre site off routes 202 and 306. The village then filed a motion to dismiss the case with Judge Kenneth Karas in White Plains, who has been handling the lawsuit. The hearing was for Karas to ask both sides questions to render his opinion of whether to continue the lawsuit. Marci A. Hamilton, attorney for Pomona and an expert on the federal Religious Land Use and Institutionalized Persons Act, known as RLUIPA, presented the village’s case first, arguing that Pomona has never received an application from the developer on the project, so the village officials and residents didn’t know what Tartikov really wanted to build on the site. The developer has said that it wanted to build a rabbinical college and dormitories for at least 250 students and their families. Karas jumped into the center of Tartikov’s complaint, the village’s alleged discriminatory attitude. “Is this all about real estate?” Karas said. Karas then read a quote from former village Mayor Herbert Marshall, which was made long before the lawsuit. The quote, which was part of Tartikov’s complaint, was about Marshall’s speaking before residents that he would be unable to discuss the developer’s plan because his attorney stopped him from doing so. The judge also asked about the village’s accreditation requirement. The village ordinance does not allow nonaccredited colleges and educational facilities to build dorms. Tartikov, being nonaccredited, would need the exemption to submit its plans. But the village wouldn’t grant the exemption. Tartikov’s attorneys have said that because of the programs it offered, the rabbinical college cannot be accredited. Karas asked what Tartikov could do to submit its plan without accreditation. Pomona Village Attorney Doris Ulman said that the developer could petition for a zone change. Paul Savad, a Nanuet lawyer representing Tartikov, told Karas that applying for a zone change would give the village a tool to further delay the process, discouraging the developer from proceeding. Roman P. Storzer, attorney for the developer, told the judge that the village’s actions have been discriminatory against Hasidic Jewish students, who simply wish to enjoy their rights to study. Savad also told the judge that the developer wanted a level playing field, which would let Tartikov submit the plan. At the end of the hearing, Karas spoke to attorneys and to people sitting in the back, including people from the Hasidic Jewish community and Pomona village officials. “I recognize that this is a very important case for both of you,” Karas said. “I do the best I can.” It will be the judge’s discretion when to render his opinion on the motion to dismiss. Hamilton said she would expect Karas to come back with his opinion in six to 12 months. (LoHud.com)

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Pomona, Tartikov To Face Off In Federal Court

The Journal News reports: The village and developers of a proposed rabbinical college will be in federal court Wednesday to air their sides of a lawsuit charging discrimination against Hasidic Jews. U.S. District Court Judge Kenneth Karas will hear both the village’s argument for why Congregation Rabbinical College of Tartikov’s lawsuit should be dismissed, and arguments by Tartikov’s lawyers for continuing the case. This will be the first court appearance since Tartikov filed the lawsuit July 10, 2007, in federal court in White Plains. In the interim, both sides have presented written arguments, but Judge Karas apparently wants to hear more from the parties, as well as to have an opportunity to question the attorneys. Tartikov initially stunned the village of 3,000 people by informally proposing the development of housing for 1,000 or more students and their families on 130 acres off Routes 202 and 306. Since then, Paul Savad, a Nanuet attorney representing Tartikov, has said that the intent was to build for only 250 students. He said the larger number represented a maximum build out for planning purposes. Savad could not be reached Friday at his office or cell phone number. Another Tartikov attorney, John Stepanovich of Virginia Beach, Va., said the lawsuit’s target was the village’s zoning. He said Tartikov sought “a meaningful application process, and we believe it cannot occur without judicial intervention and supervision by the federal court.” Village Attorney Doris Ulman said the village could not have discriminated against Tartikov because the organization has not filed an application for its project. “We never denied anything,” Ulman said. “There isn’t one piece of paper in the village to indicate what they want to do.” Tartikov asked the village in 2007 to grant it an exemption from village codes so it could submit construction plans without zone changes or variances from zoning laws. That was rejected by the village, which saw giving an exemption to Tartikov and not to others as discrimination that violated the state and federal constitutions. Wednesday’s court session will be the third one scheduled this year. A previous hearing was postponed at the request of Pomona’s lawyers, and Karas canceled another. Tartikov’s plan for a 15-year rabbinical training program has been viewed by some village residents as a guise for housing. Congregation Kahal Minchas Chinuch, which formed the Congregation Rabbinical College of Tartikov, was affiliated with another organization that proposed 750 housing units on Staten Island in the late 1990s. That housing was to be for Hasidic residents of Brooklyn, but the project died amid concerns about overdevelopment. Savad has said that the Pomona project was religious in nature, and it would not impact the surrounding community. He said construction would be located at the center of the site and buffers would screen it from passersby. In its lawsuit, Tartikov argues that the village previously delayed Yeshiva of Spring Valley’s plans on the same site with negotiations and regulations that made the construction impracticable. Tartikov bought the property for $13 million from Yeshiva of Spring Valley in 2005. (LoHud.com)

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Ramapo Wins Court Decision Over Tartikov

Ramapo, NY – The town’s denial of a property tax exemption for 130 acres owned in Pomona by Congregation Rabbinical College of Tartikov won the support of a state Supreme Court judge. In his decision Wednesday, Justice John La Cava ruled in part that Tartikov’s profit from a summer camp negated its tax-exempt status. That was particularly true, La Cava decided, because the property was otherwise undeveloped, so the camp couldn’t be connected to other activities. His decision could mean more town, county and school-tax revenue but would have no impact on village taxes because Pomona granted an exemption to Tartikov. Whether Tartikov will appeal was undetermined. Tartikov sued the town in 2007, charging it was entitled to the same exemption granted to a prior owner, Yeshiva of Spring Valley, which had a similar arrangement with the summer camp. A 2005 agreement between Tartikov and Camp Merokim Inc. called for $331,000 to be paid to Tartikov between 2005 and 2009. Ramapo Town Attorney Michael Klein said yesterday, “We denied the exception as soon as we became aware of the agreement between the camp and the property owner.” Joel Scheinert, a Nanuet attorney representing Tartikov in the tax case, could not be reached yesterday at his office. Another Tartikov attorney, Paul Savad of Nanuet, said the decision had “no bearing on the College of Tartikov’s efforts to build the college. This is about a camp. It has nothing to do with the college.” It has a lot to do, though, with tax dollars. Ramapo Assessor Scott Shedler said the court decision, which covers 2006-08, could mean a cumulative $280,000 in town, county and school taxes. Pomona, though, has nothing to gain because it rejected Shedler’s decision. So while Pomona budgeted about $200,000 this year to oppose a discrimination lawsuit brought by Tartikov – the group charges that zoning discriminates against Hasidic Jews – the village will be out $12,000 of tax revenue this year on an assessment of about $750,000. Pomona’s loss totals about $20,000, including last year’s exemption. Village Attorney Doris Ullman said it was too late to change the exemption status in 2009 because the tax roll closed April 1. “We will consider it certainly for the upcoming years,” Ullman said. The village board voted, with two members opposed, to override Shedler after hearing Scheinert’s account of Yeshiva of Spring Valley’s exemption. In court, La Cava found that Tartikov relied substantially on a 1958 case regarding the tax exemption of Pace College, despite the operation of a profit-making cafeteria on campus. The cafeteria, though, was part of the college’s day-to-day operation, while the summer camp was the only activity on Tartikov’s property. “In essence, there were no other religious or nonprofit activities for the (for-profit camp) to be incidental to,” La Cava ruled. Tartikov has announced plans for a rabbinical college off routes 202 and 306 but has not filed plans with the village. An initial proposal showed a possibility of more than 1,000 students living there, plus family members, but Savad has said the intent was for only about 250 students residing near the center of the property. (LINK to article on Lohud.com)

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Tartikov Yeshiva Dispute Returns To Court Next Week

The dispute over a proposed Tartikov Yeshiva in Rockland County returns to federal court Feb. 10. U.S. District Court Judge Kenneth Karas will hear arguments in regards to the village’s request to dismiss a lawsuit by Congregation Rabbinical College of Tartikov. In its lawsuit, the group accused the village of prejudice against Chassidim, and alleged that its zoning discriminated against the planned Yeshiva. “We expect a ruling to be made after the oral arguments,” John Stepanovich, a lawyer for Tartikov, said last week of the hearing scheduled in White Plains. The village of Pomona, which is home to about 3,000 people, was upset two years ago by the news that 1,000 or more students and their families could be coming to live in the Yeshiva’s six-story apartment buildings. But Paul Savad, a Nanuet attorney representing Tartiko, said the intent was to build only enough for 250 students. “It’s not like all of a sudden 1,000 students are going to appear in the village of Pomona,” Savad said, explaining that the higher figures were initially used only for planning purposes showing the maximum build-out of the property. “But that was just for the environmental review,” Savad said. “All we’re asking for is that the village must consider our request for 250 students.” What could keep the village from considering the application is an ordinance that prohibits non-accredited educational facilities from building dormitories. Tartikov doesn’t qualify for accretidation because it has no certifiable academic program. Tartikov has also sparked debate among its neighbors in Pomona because of its efforts to obtain tax-exempt status.  Locals have complained that the high concentration of organizations with tax-exempt status in Monsey and Spring Valley unfairly increases the burden on the remaining taxpayers. (Dov Gordon – YWN / LoHud.com)

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Pomona, NY: Village Grants Tax Exemption to Tartikov

[The Journal News reports:] The Pomona Village board voted last night to continue a property-tax exemption for Congregation Rabbinical College of Tartikov. The Town of Ramapo revoked a similar exemption last year (reported HERE on YWN), which meant that Tartikov was liable for town, school and county taxes, as well as water and fire district charges. The town withdrew Tartikov’s exemption, not on the basis of the organization’s tax-exempt status as a religious group, but rather on profits from Camp Merokim operating on the 130 acres off routes 202 and 306. After Ramapo billed Tartikov $78,000 for taxes going back one year, Tartikov sued the town in July 2007. The lawsuit is pending, as is another in which Tartikov charges that Pomona’s building and zoning codes discriminated against the Hasidic community.

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Tartikov Sues Town Of Ramapo

According to the Journal News website, Tartikov Rabbinical College has filed a lawsuit against the town of Ramapo – denying a tax exemption and for seeking back taxes on its property. Congregation Rabbinical College of Tartikov states in the lawsuit that the taxable assessment of $597,500 was “erroneous and illegal” because the property “should be declared one hundred percent exempt.” Ramapo is seeking about $78,000 in taxes retroactive one year. Its opinion did not consider whether Tartikov was entitled to an exemption as a religious corporation, but rather focused on a day camp operating on the 130-acre site in Pomona. Because the camp collects fees from the campers and in turn pays Tartikov – $331,000 between 2005 and 2009 – the camp is run by a third party ineligible for an exemption, Ramapo Assessor Scott Shedler said. Journal News

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Town of Ramapo Seeks Back Taxes from Tartikov

The town of Ramapo is seeking back property taxes from the Congregation Rabbinical College of Tartikov after rejecting the college’s bid to declare the Pomona site tax exempt. The college, in turn, intends to file a lawsuit against the town in state Supreme Court this week, said Joel Scheinert, a Nanuet attorney representing Tartikov in its tax case. Ramapo’s Board of Assessment Review granted Assessor Scott Shedler’s petition to seek taxes retroactive to one year, Town Attorney Michael Klein said. The sum is about $78,000, Shedler said, and does not include taxes due the village of Pomona. That figure was unavailable, but is likely to be small because major services, such as police and road maintenance, are covered by town taxes. (The Journal News)

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Congregation Sues Village of Pomona For Right to Build Rabbinical College of Tartikov

Lawyers for the Congregation Rabbinical College of Tartikov and several Rabbis today filed suit against the Village of Pomona and its representatives for the right to build and operate an educational facility to train rabbinical judges in perhaps the most prominent religious freedom case of its kind yet to be filed.  The complaint was filed at the United States District Court, Southern District of New York courthouse in White Plains. The action was brought by plaintiffs to redress violations of their civil rights as protected by the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), the Fair Housing Act, and constitutional protections of free speech and freedom of religion.  Lawyers for the Plaintiff include: New York litigator, Paul Savad; Roman Storzer, a First Amendment and RLUIPA expert based in Washington DC and former director of litigation for the renowned Becket Fund for Religious Liberty; and John Stepanovich, a national civil rights lawyer based in Virginia, who successfully brought a similar suit against the Village of Airmont, NY. The first phase of proposed development plans for the Rabbinical College would include places of worship, educational buildings, and housing for 250 students and their families on a 100-acre site in the Village of Pomona (an additional 30 acres was also purchased as a buffer).  Representatives from the college have asked to meet with village representatives to discuss these plans on numerous occasions, but were rebuffed each time.  By refusing to meet with the Congregation and its representatives, the village left plaintiffs with no option but to seek relief in federal court against the village’s illegal zoning ordinances, which violate every land use provision of RLUIPA, the Fair Housing Act, and a variety of constitutional and other civil rights protections. “There is a history of discrimination against the Hasidic community here,” said Nanuet-based attorney Paul Savad. “Over the past several years, the Village of Pomona and its Board of Trustees have repeatedly used legislative and administrative means to prevent a variety of Jewish-affiliated institutions from developing this property for religious use.”  Controversy in Pomona over the proposed Rabbinical College already has altered the outcome of a local election, spurred relentless anti-Hasidic community opposition, and presented squarely the question of whether this Jewish community will be permitted to maintain its religious traditions. “The Rabbinical College has engaged all the necessary professionals, including architects, engineers, and traffic experts, and has determined the impact on the surrounding community and environment to be minimal,” Savad added. “They deserve the same consideration that any other development would enjoy under village planning code.” “This is an extreme case, one that brings to mind the civil rights conflicts of the 1960s.  We need to stop the Village of Pomona, and municipalities across the country, from using their zoning power as a tool to control unpopular religious groups,” said attorney Roman Storzer. “RLUIPA supersedes local zoning codes in cases such as this by allowing municipalities to consider plans for the development of religious uses that may otherwise be prohibited outright, like this College.  By denying the Rabbinical College the right to even apply for the necessary permits, while secular colleges or colleges of other religious traditions would be permitted, and even refusing to meet with Congregation representatives, the village has violated the letter and the spirit of the First

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Town of Ramapo Denies Tax Exemption to Tartikov

The town has denied a property tax exemption to Congregation Rabbinical College of Tartikov because of a summer camp on the Pomona property. The camp is to pay $331,000 to Tartikov between 2005 and 2009. It also seemed to Town Attorney Michael Klein that Tartikov needed to take “concrete steps to show that they were on the way to lawfully use the property for an exempt purpose.” Paul Savad, a Nanuet attorney representing Tartikov, said that the camp was a temporary use while the organization moves toward its goal of a college to train rabbis for religious courts. He said Yeshiva of Spring Valley, the former property owner, had a tax exemption while operating the camp, and he didn’t understand why Tartikov couldn’t do the same. TJN

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IN-DEPTH ANALYSIS: Why Did KAJ Pull Their Hechsher From Empire Kosher Chickens?

(By Rabbi Yair Hoffman for 5tjt.com) Empire Kosher is the largest producer of kosher poultry in the United States, and one of the oldest.  It was founded in Liberty, New York, in 1938 and shechts some 65,000 chickens each day.  They have between sixty and seventy shochtim. Until recently, Empire has had 4 supervising agencies providing its hechsherim: The OU The Nirbater KAJ Tartikov of Rabbi Yechiel Babad. The OU is the oldest hechsher that supervised Empire, followed by KAJ (approximately 15 years ago.  This author was present when Rav Yisroel Belsky zt”l called the KAJ to come in and add their supervision).  The most recently added supervision was Tartikov which began after this past Sukkos but was announced in April. However, as of July 20th, KAJ has pulled out.  A letter that KAJ had put out to members of its Kehillah, indeed, recommended three alternative chicken products.  The full text of the letter is reproduced below.  KAJ, in the Litvish, Yekkish, and YU communities enjoys the highest of reputations. This author reached out to both Rabbi Menachem Genack, CEO of the Orthodox Union Kosher Division as well as others directly on the scene at Empire. Rabbi Genack said, “There is absolutely no change in terms of the quality of the kashrus and of the supervision.”  He attributed the egress of KAJ to clashes in style.  Rabbi Yechiel Baabad also emphasized the high level of integrity and yiras shamayim of the shochtim and mashgichim. He stated, “The very high standards have been maintained and are constantly being observed to ensure that there are no gaps in the quality of the supervision.”   Rabbi Moshe Klarberg, Senior OU Rabbinic Coordinator and head of the OU’s Meat Team was also extremely positive about the high quality of kashrus standards at Empire.  He pointed out that Kashrus standards at Empire Kosher Poultry remain unchanged, and continue to be maintained by the OU and Rav Babad and added that the OU certifies and stands behind Empire products. He expressed to this author the OU’s disappointment in the tone of the KAJ community letter.  Also, either the Nirbater or his son visit Empire each week to ensure the highest standards of Kashrus. WHY MULTIPLE HECHSHERIM? One question that people often ask is why there is a need for multiple supervisions in the first place.  The answer to this question is simply economics.  Adding a trusted hechsher of a community increases market share.  With the growing Chassidish markets in Boro Park, Williamsburg, Monsey, Lakewood and elsewhere– and the fact that large supermarket chains have an ever-growing Kosher food section – it is a positive marketing move to add hechsherim. WHAT IS THE PROTOCOL WHEN MULTIPLE HECHSHERIM WORK TOGETHER? Generally speaking, when a new hechsher comes on board to a company, the company checks with the previous supervisions it has in order to ensure that there are no issues.  Of course, each hechsher has its own minimum standards and its own set of chumros and kullos, stringencies and leniencies that are unique to its own hechsher. AN EXAMPLE For example, there is a debate among the Hechsherim about Kashering things that require hagallah within a 24 period when they were last used.  The Mechaber, Moreinu Rav Yoseph Karo, writes in YD 95:4 that if one introduces a boiling

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Free Kosher Lunches In Brooklyn Parks This Week From Met Council

This week Tuesday, August 27th through Thursday, August 29rd, Met Council will be giving away thousands of FREE kosher lunches in Boro Park and Williamsburg for kids. Grab a free box lunch for your kids aged 18 and under catered by Lou G. Siegel and under the hashgacha of the Tartikov Beis Din courtesy of Met Council. “Met Council is proud to have the only free kosher summer lunch program for kids in New York,” said David G. Greenfield CEO of Met Council. “We give out free kosher lunches during the week between when camp ends and yeshiva begins to ensure that all children have access to nutritious meals. There’s no catch, just show up with your child and get a free kosher lunch for every kid that’s there!” Lunches will be served from a mobile food truck in Boro Park on Tuesday, August 27th from 11:30 PM to 2:30 PM at Dome Playground located at Dahill Road and between 37th and 38th streets, and on Wednesday, August 28th from 11:30 PM to 2:30 PM at Gravesend Park located at 18th Avenue and 56th Street. In Williamsburg, the free lunches will be served on Thursday, August 29th from 11:30 AM- 2:30 PM at Middleton Playground on Middleton Street between Bedford and Lee Avenue. In addition to the free food, on Wednesday, August 28th, Met Council will host a fun day of activities for kids at Gravesend Park featuring games, prizes, and other exciting activities starting at 1:00 PM. Met Council is partnering with two of their sixteen affiliated Jewish Community Councils to ensure that the free lunch giveaway is a huge success. The UJO Williamsburg and Boro Park JCC worked with Met Council to advertise the program, recruit volunteers to allow the program to run smoothly and spread the word throughout the Williamsburg and Boro Park communities. “Our community partners are invaluable to this effort,” Greenfield explained. “They have built a deep relationships with the local community and work tirelessly to make sure everyone in the community knows about this great program. We’re especially grateful for the Boro Park JCC, UJO of Williamsburg and Council Members Brad Lander, Stephen Levin, Kalman Yeger Assembly Members Robert Carroll and Simcha Eichenstein and Senators Simcha Felder and Brian Kavanagh for their support of this important program.” The Met Council program mirrors the Citywide Summer Meals program while acknowledging the needs of kids who keep kosher. Met Council provides the additional funding necessary to pay for the higher cost of a kosher meal. Met Council on Jewish Poverty is New York’s largest tzedakah. Among its ten different services, Met Council runs America’s largest kosher food program which distributes food throughout the year to over 200,000 people in need. (YWN World Headquarters – NYC)

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Grab A Free Kosher Lunch For Kids This Week In Boro Park & Williamsburg!

This week Monday, August 20th through Thursday, August 23rd, Met Council will be giving away nearly 5,000 FREE kosher lunches in Boro Park and Williamsburg. Grab a free box lunch catered by Lou G. Siegel and under the hashgacha of the Tartikov Beis Din courtesy of Met Council. “Met Council is proud to have the only free kosher summer lunch program for kids in New York,” said David G. Greenfield CEO of Met Council. “We give out free kosher lunches during the week between when camp ends and yeshiva begins to ensure that all children have access to nutritious meals. There’s no catch, just show up with your child and get a free kosher lunch for every kid that’s there!” Lunches will be served from a mobile food truck in Boro Park each day from 1:00 PM to 2:30 PM at Gravesend Park located at 18th Avenue and 56th Street. In Williamsburg, the free lunches will be served from 11:30 AM- 12:30 PM at Middleton Playground on Middleton Street between Bedford and Lee Avenue. In addition to the free food, on Wednesday, August 22 Met Council will host a fun day of activities for kids at Gravesend Park featuring games, prizes, and other exciting activities starting at 1:00 PM. Met Council is partnering with two of their sixteen affiliated Jewish Community Council to ensure that the free lunch giveaway is a huge success. The UJO Williamsburg and Boro Park JCC work with Met Council to recruit volunteers to allow the program to run smoothly and spread the word throughout the Williamsburg and Boro Park communities. “Our community partners are invaluable to this effort,” Greenfield explained. “They have built a strong bond with the community and work tirelessly to make sure everyone in the community knows about this great program. We’re especially grateful for them and Council Members Steven Levin and Kalman Yeger for their support of this important program.” The Met Council program mirrors the Citywide Summer Meals program while acknowledging the needs of kids who keep kosher. Met Council provides the additional funding necessary to pay for the higher cost of a kosher meal for children. Met Council on Jewish Poverty is New York’s largest tzedakah. Among its ten different services, Met Council runs North America’s largest kosher food program which distributes food throughout the year to over 200,000 people in need. (YWN World Headquarters – NYC)

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Grape Juice Made With 100% Concord Grapes, No Added Sulfites And An Impeccable Level Of Kashrus

[COMMUNICATED CONTENT] Welch’s and Manischewitz Team Up to Bring Kosher Consumers the Finest Grape Juice with Outstanding Kosher Certification. Welch’s and Manischewitz, arguably the kings of the concord grape, made history with the release of a co-branded kosher grape juice. Now you can bring a new level of perfection and kashrus to your Shabbos and Seder tables. The all-new Welch’s Manischewitz 100% Concord Grape Juice is the most exciting product to hit the kosher market in recent history. Made from 100% Concord Grapes, the juice has a fresh, grapey taste and an outstanding level of kashrus. Aside from its high quality and taste, the new Welch’s Manischewitz Gape Juice has the hashgocha of the renowned Tatikov Bais Din along with the OU. The product is Mehadrin, min HaMihadrin and is kosher for kiddish and arba kosos. Furthermore, Welch’s Manischewitz 100% Concord Grape Juice is the only grape juice available in the US that produces its own concentrate which is used to insure consistent taste in the final product. That’s important because it means that every component of the final product adheres to the same strict supervision that stands behind the Tartikov seal. Enjoy the superior taste, health benefits and kashrus now all in one bottle— Welch’s Manischewitz 100% Concord Grape Juice.

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Op-Ed: Frivolous Litigation Against Hasidic Communities is Discriminatory, And Should be Regulated

[By Michael Fragin & Michael Tobman] Rare is the week that passes without a new legal action pitting a New York suburb against the Orthodox or Hasidic Jewish community. Rockland, Orange, Sullivan, Westchester, and Suffolk Counties have been host to a flurry of litigation centered around Orthodox Jews, their foundational religious needs, and, often, their housing needs. While American suburban life may not have contemplated the diversity presented by the Orthodox Jewish community, the time is long past to move away from confrontation, and towards a more realistic embrace of a new normal that isn’t going away. Discriminatory litigation against Hasidim is a form of bias — as real as the racism that generated civil rights litigation, as real as the gender discrimination that led to Title VII protections, and as real as the calls for judicial fairness that produced marriage equality. In this case, it’s the lawsuits themselves that are the discriminatory acts. An egregious example is the Sullivan County Town of Mamakating, which has for the past three years generated frivolous litigation against Hasidic Jews. Local officials there have been rebuffed by the Courts at every turn in their quest to halt the development of a Hasidic enclave in their area, and the continued official abuse of municipal resources to abet these suits will likely lead the Town down the path already trod by the Rockland County Village of Airmont, where taxpayers faced over $1 million in federal fines after being sued by the DOJ for engaging in similar tactics. It’s hard to see the blizzard of legal action by Mamakating as anything but a publicly financed effort to thwart a Hasidic Jewish influx. A women’s ritual bath at the site of a former spa was rejected by the Town, only to be ordered approved by the Court. Federal litigation initiated by the Town to stop housing for Hasidic Jews was summarily dismissed by a Federal District Court Judge. State court action to prevent Hasidic voters from casting ballots was similarly rejected. Other suits include absurd scenarios- like the Town of Mamakating suing itself over an annexation it already approved. The Mamakating Town Supervisor proudly estimated in a message to supporters that he spent more than a quarter of a million dollars, or 10% of the Town’s 2015 general budget, on litigation against Hasidim. This number might increase 100 fold if the Town become subject to damages for its actions. Mamakating may be Exhibit A of the unregulated use of the public treasury as litigation war chest, but there are others. The Village of Pomona in Rockland County busted mightily through the state property tax cap, and raised taxes last year by nearly 50% to fund its litigation against the Tartikov Hasidim in their area. Non Hasidic Orthodox Jews have also been judicially warned that they are not welcome in certain communities. On the tony East End of Long Island, The Village of Westhampton Beach, the Town of Southampton, and the Village of Quogue spent millions on state and federal lawsuits to prevent the designation of an Eruv, a nearly invisible symbol that permits observant Jews to carry items in public thoroughfares on the Sabbath. The lawsuit against the Eruv was so absurd it was parodied by Jon Stewart on The Daily Show. This litigation was settled after the municipalities

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Rabbonim Sign Endorsements For R’ Nachman Caller In Race For 48 Assembly District

On Tuesday, the campaign of R’ Nachman Caller for State Assembly published the names of Gedolei Rabbonim Shlit”a in Brooklyn, who have praised the lifetime community work of R’ Nachman Caller and wished him great success in his bid to represent the members of community, residing in the 48th Assembly District, in Albany. In separate letters of support, Gedoeli HaTorah in Borough Park and Flatbush have all expressed their appreciation of R’ Nachman Caller’s work letovas haklal, urging community members to support and back R’ Nachman by all means, so he can continue his devoted work on behalf of the community. The rabbanim who signed the proclamations include HaRav HaGaon R’ Ychezkel Roth Shlit”a, gaavad of Kalsburg, and Chavrei Beth Din Beis Talmud Lhoirua; Harav HaGaon R’ Aharon Schechter, Rosh Yeshivas Reb. Chaim Berlin; HaGaonim Rav Avrohom Yaakov Nelkenbaum and Rav Osher Kalmanowitz Shlit”a, Roshei Yeshivas Mir; and Chavrei Beth Din Tzedek of Tartikov Shlit”a. “I am humbled and privileged to receive the support of so many Gedolim, whom I have had a relationship with for years, while advocating for community needs,” said State Assembly candidate R’ Nachman Caller. “Following Daas Torah and represent the community’s values and needs will be my guiding principles when elected to represent the community in the State Assembly.” “The tide has turned. The continued outburst of support will pave the path to victory and bring an historic change for the community on Tuesday, November 4th,” he added. R’ Nachman Caller is running on the Republican Party line and on the ‘Housing and Jobs’ Party line in the 48th Assembly District, which includes the neighborhoods of Borough Park and Midwood. (YWN Desk – NYC)

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CRC Kashrus Alerts April 6, 2011

By Rabbi Sholem Fishbane Kashrus Administrator of the Chicago Rabbinical Council http://www.crcweb.org/ www.twitter.com/crckosher  Pesach Alerts   cRc Pesach Fair: On Sunday, April 10th, from 2 PM to 8 PM, the cRc will be presenting a Pesach Fair at Hebrew Theological College (Skokie Yeshiva) with several booths to help the community prepare for Pesach, including a Romaine lettuce checking demonstration, knife sharpening, hagalas kaylim, and a sofer, among others.   Kosher for Pesach?  There’s an App for that! An update is now available for the iPhone App which includes product lists for Pesach 2011.  Users who already own the earlier version will be prompted to download the update automatically from the App Store. The free App is available for download at http://itunes.apple.com/us/app/crc-kosher/id397991421?mt=8 The Pesach lists are now also available as Palm WebOs.  (Droid and Blackberry are not available at this time.)  To view a video of the proper way to check romaine lettuce for insects and the proper way to kasher metal pots, cups, silverware, etc. please see our special Pesach videos section on our website: http://www.crcweb.org/videos.php  Kurson Kosher Egg Matza (Mexico) is certified as Kosher for Passover by the Orthodox Union; however, the label should state “According to Ashkenazi practice, egg matza may only be used for the aged and sick”.  Coca Cola cans are not being OU certified for Pesach this year; however, 2-liter bottles of Regular and Diet Coke that are certified for Passover under the OU will bear yellow caps.  Joyva products are normally under the supervision of the Kof-K during the year; however, the Kof-K DOES NOT supervise any Joyva products for Passover, because they may contain kitniot. These products are acceptable after Pesach.  The following aerosol deodorants were found to be free of denatured alcohol and are therefore recommended by the cRc for Pesach: Arrid (XX or Extra Dry varieties); Right Guard, 3D Odor Defense (Powder Dry or Fresh varieties) [Sport Original is not recommended]; Soft & Dri (Soft Scent); Sure (Powder Fresh, Regular, or Unscented varieties)   The cRc allows all fresh, raw, pre-washed bagged Iceberg lettuce, and other non-kitniyos vegetables, such as whole carrots (regular and baby), shredded and sliced carrots, shredded cabbage, and broccoli slaw for Pesach, provided that they be purchased before Pesach.  The Star K recommends that the Fresh Express salads must have the Star-KP (Passover) stamp on the bag.  Dole vegetable and fruit products and River Ranch (store brands) prepackaged salads with a Star-K are usable for Passover without the P.   As a result of a recent investigation, the Star-K found it possible that quinoa’s kosher for Passover status is compromised when it grows or is processed in the proximity of certain crops. Therefore, quinoa will only be accepted with reliable Kosher for Passover supervision. The cRc approves the use of whole grain quinoa for Pesach on the following conditions: 1) The quinoa is imported exclusively from Bolivia and packed by companies that pack whole grain quinoa exclusively. While there may be others Ancient Harvest, Trader Joe’s, and Sugat (a brand of quinoa sold in Israel) are brands that only import quinoa from Bolivia and only pack whole grain quinoa. 2) The quinoa must be purchased and carefully inspected by hand before Pesach. This is done by spreading one layer of quinoa at a time on a board or

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VIDEO: Kashrus Agencies Gathering To Discuss ‘Worms in Fish’

The following was written by Rabbi Yair Hoffman for the Five Towns Jewish Times: Brooklyn, NY – Rabbis from Kashrus agencies across the country gathered last night in Brooklyn to see and hear how to remove the Anisakis worm from fish. The seminar was sponsored by the Vaad HaKashrus of Flatbush, under the direction of its Rav HaMachshir, Rabbi Meir Goldberg. The Vaad had flown in Rabbi Shneur Zalman Revach and his assistant Yehudah to demonstrate. The event was videoed and projected so the hundreds of participants could better see. Representatives from CRC in Chicago, Star K in Baltimore and Kashrus agencies across the country flew in to attend the seminar. The OU, the Vaad of Queens, the Five Towns Vaad HaKashrus was also in attendance. Among the other attendees were Rabbi Meir Goldberg – Vaad Hakashrus of Flatbush, Rabbi Tzvi S. Goldberg – Vaad Hakashrus of Flatbush, Rabbi Mordechai Taitelbaum – Vaad Hakashrus of Flatbush, Rabbi Ahron Mandel – Vaad Hakashrus of Flatbush, Rabbi Chaim Goldberg -OU, Rabbi Shmuel Heinneman – Star K, Rabbi Meir Kurcfeld – Star K, Rabbi Sholem Fishbane – cRc of Chicago, Rabbi Dovid Cohen – cRc of Chicago, Rabbi Yosef Eisen – Vaad of the Five Towns, Rabbi Zechariah Adler- Kehilah Kashrus, Rabbi Chaim Schwartz – Vaad of Queens, Rabbi Yechiel Babad – Tartikover Rov, Rabbi Moshe Y. Blumenberg – Tartikover Beis Din, Rabbi Dovid Babad – Tartikover Beis Din, Rabbi Luzer Weiss – NYS Dept of Agriculture Kosher Law Enforcement, Rabbi Binyomin Bess, Rabbi Yisroel P. Gornish, Rabbi Moshe Harari Raful, Rabbi Yosef H. Ilovits – Machon L’bidikas Tolayim, Rabbi Yaakov Wagschal – New Square Kashrus, Rabbi Jakobowitz – Rosh Hamashgichim Nirbater, Rabbi Moshe Busso -Shaarei Tzion, Rabbi Gershon Tannebaum – Igud Harrabonim, Rabbi Usher David – Rosh Yeshiva Emek Halacha , Rabbi Berish Schapiro – Naroler Rov, Rabbi Avraham Weisner – KCL, Rabbi J. Horowitz Merkaz Hatefilla, Rabbi G. Bald – Irguin Shiurey Torah, Rabbi Yosef Wikler – Editor Kashrus Magazine, Rabbi Moshe Yaged, Rabbi Yudel Shain – Rabbi David Weber – Mashgiach for R’ Asher Eckstein Belzer Dayan, Rabbi Mosher Weiner – Kashrus Information Center/ Kashrus Information Service, R’ Yehuda Green, Rabbi Yair Hoffman, Rabbi Doniel Epstein – OU, Rabbi Moshe Farkas, R’ Yitzchak Kaufman, R’ Dovid Fingerer, R’ Avrum Leib Weiss, and Rabbi Avraham Brykman. The six minute video was made to review what was shown. (Source: Five Towns Jewish Times)

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Caraville Restaurant In Flatbush Has Hechsher Pulled – New Hechsher Put In Place

YWN was contacted by the Kashrus office of Rabbi Yechiel Babad, of Tartikov Bais Din in Boro Park with an “urgent Kashrus alert”. He requested that we alert our readers that he has pulled his certification of Caraville – Essex On Coney Restaurant located at 1910 Avenue M, Brooklyn NY [starting Thursday night]. YWN questioned the spokesperson for the Kashrus agency why the certification was pulled, and why they wanted this posted “urgently at 1:00AM Friday morning”. We were not given any specific reasons. Attached above is the flyer issued by the agency, with just three words printed (rough English translation): “The public should know and beware“. On that note, “the public should also know and beware”, that the store says that they already have a new Kashrus certification, and that would be Rabbi Shlomo Mendholson, who certifies other establishments in the area. Readers should in no way take this article as a Psak Halacha, and remember to always consult with your local Rov. Additionally, this alert was added into the new “Kashrus Corner” section of YWN – which can be found towards the bottom of the YWN homepage. (Dov Gordon – YWN)

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Cheskel’s Shwarma King: An Update & Final Clarification

Cheskel’s Shwarma King located at 3715 13th Avenue in the Boro Park section of Brooklyn, the site of an unfortunate incident involving the sale of a non-kosher frankfurter is currently very busy. No longer answering questions about what transpired–that has been answered to the satisfaction of its supervising agency–Bais Din Tartikov but extremely busy trying to fulfill orders of everything ranging from Shwarma, fries and its trademark VIP Chulent. Says Shmuel Baron, owner of Cheskel Shwarma King “I have been extremely heartened by the support of the community for their trust and continued patronage of my restaurant. We have instituted new policies which in essence means that any type of purchase of meat will be handled by me personally, and not delegated to any employee Jewish or non-Jewish”. While the integrity of Shmuel Baron, owner of Cheskel’s Shwarma King has never been questioned, the discovery of non–Kosher meat—albeit for brief time span of several hours created an uproar in the greater Jewish community for several days. However after an exhaustive investigation by the certifying agency resulted in confirmation that this incident was an innocent yet tragic series of mistakes that could happen any restaurant.  Cheskel’s Shwarma King is a popular destination for consumers who keep a late schedule–open from 3 PM daily till past midnight. It offers a tasty selection of a specialty menu that has been personally put together by its owner Shmuel Baron who takes every facet of his restaurant operation very seriously. After the incident, Mr. Baron was very distraught at the prospect of a non–Kosher frankfurter being sold at his establishment and considered closing down Cheskel’s Shwarma King out of a sense of internal reckoning. However in deference of community Rabbis and leaders who felt that this would constitute an acknowledgement of guilt, Mr. Baron was encouraged to re–open his establishment which in fact he did to the delight of his loyal customers and the general community. “Again, I would like to thank the Tartikov Bais Din and all my friends, too numerous to mention, whose confidence in me enabled me to draw the strength to reopen Cheskel’s Shwarma King and continue serving the community with highest standards of Kashrus. I look forward to serving the community and on behalf of my family would like to express my HaKaros Hatov to everyone for their continued patronage of Cheskel’s Shwarma King”.  Ezra Friedlander, CEO of The Friedlander Group, a spokesman for Mr. Baron, reiterated that the trust by the Tartikov Bais Din in Mr. Baron was never in doubt stating “from the onset of the investigation it became apparent that they were dealing with a situation of mistakes not intentions to G-D forbid cause anyone to eat non-Kosher. The enormous anguish on the part of Mr. Baron is indicative of an upright, highly ethical and moral individual who takes his responsibilities very personal and the continued certification of the Tartikov Bais Din is clearly the only proof of any consumer would need to be assured that Cheskel’s Shwarma King utilizes the highest standards of Kashrus”. (YWN Desk – NYC)

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THE FACTS ON THE NON-KOSHER HOTDOGS IN A BORO PARK RESTURANT

[VIDEO PHOTO LINK BELOW] As YWN reported earlier, rumors are rapidly spreading throughout the Frum community about an alleged Kashrus scandal in a Boro Park restaurant. At the bottom of our earlier report, YWN wrote the following: “YWN would like to once again make it clear, that the above information is not necessarily facts, but due to the fact that we have been receiving hundreds of requests to post the story, and after consulting with a Rov, we have done so. As soon as any P’sak is given by a Mashgiach, or any Rabbonim in Boro Park, YWN will bring you the information.” As promised, YWN has spoken with the highly-credible Rav Hamachshir of the establishment in question, Rav Shmiel Teitelbaum Shlita, of Tartikov Bais Din. It must be publicly noted that YWN also spoke with Rav Babad Shlita, who is the Tartikov Rov. Rav Babad is NOT the Rav Hamachshir on this restaurant (as reported erroneously elsewhere), and his Hashgocha is an entirely separate business – with no connection to this store whatsoever. The following is what Rav Teitelbaum told YWN: “Approximately 1.5 years ago, Chaskel’s Shwarma King was sold to a Frum Sephardic Jew. The owner is an Erlich Yid (pious Jew), who asks Shailos (questions) on almost a daily basis – even on the smallest question which arise in his store. Two weeks ago, the Mashgiach mentioned to the owner that they were not satisfied with the current manager, so the owner immediately hired his brother-in-law to work as the store manager. Additionally, new non-Jewish employees were hired as well. Last evening, the store ran-out of hotdogs, and a new employee (non-Jew) was sent to the nearby “Kollel Store” to purchase a few packages until their next delivery arrived. The employee returned into the store openly carrying the non-Kosher hotdogs, prompting customers who were inside to start questioning the manager on what was going on. It seems that the employee never walked to the Kollel Store, but rather to a nearby grocery which carries non-Kosher meats. The Mashgiach was contacted at 2:00AM, and dispatched Mashgichim along with at least two independent Rabbonim to the store for a thorough investigation. The two Rabbonim are Rav Yitzchok Stein, and Rav Moshe Roth (son of Hagon Rav Chaskel Roth Shlita). During their investigation, at least 50 empty packages of Meal Mart hotdogs were found in the garbage, leading them to believe that the store had in fact just run out of hotdogs a few hours earlier. They searched the entire store, and found absolutely no evidence of any Treif other then the few packages of closed hotdogs just brought into the store” Rav Teitelbaum tells YWN that as of this moment, the Hashgocha remains on the establishment, and the non-Jewish employee (who was just hired last week) has since been fired. Rav Teitelbaum also felt the need to publicize the following: The individuals who witnessed the employee carrying in the hotdogs did the right thing by asking questions, but the way in which it was done is unacceptable. The Halacha requires them to question the Baal Din, but not to spread rumors across the community before allowing the Rav Hamachshir to conduct his investigation. The Hashgocha will be releasing an official statement in the next few hours – following a meeting

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Letter To Editor Of Journal News Reeks From Hate Against Jews

The following is a letter to the editor of The Journal News regarding the Town Supervisor not paying his property tax. The letter writer turned this into A scathing attack on Jews: St. Lawrence knows ways to skip taxes I am not at all surprised to read that Ramapo Town Supervisor Christopher St. Lawrence is in arrears for his property tax bill. (“Ramapo supervisor overdue on property taxes,” Dec. 21.) What surprises me is how he let this happen. Didn’t he learn anything from the precious voting bloc from Ramapo during his terms as supervisor? First, St. Lawrence can declare himself a rabbi. Then he can make the house a yeshiva. Then he can demand tax-free status for the property. If the Rabbinical College of Tartikov wins its lawsuit to build a rabbinical college in Pomona, he can apply to be a trained as a judge. After all, his degree from Harvard should count. Wait, he doesn’t have a degree from Harvard. No problem, the rabbinical college is not accredited anyway. If accepted, he gets 15 years of tax-free living. Once he’s done there, he will be at retirement age anyway and can move to Florida like the rest of Rocklander retirees! Ed Kobus Pomona.

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Pomona, NY: Village Wants Judge to Dismiss Rabbinical College Lawsuit

The village of Pomona has asked a federal judge in US District Court in White Plains, to dismiss a lawsuit filed by Congregation Rabbinical College of Tartikov [as reported HERE on YW], that wants to build a rabbinical college that residents fear would change the area’s rural character. Tartikov, who wants to build the college on a 130-acre site off Routes 202 and 306, sued the village, arguing that Pomona’s land-use regulations and conduct prohibited it from building and operating the college. The congregation also asserted that the village discriminated against the Chasidic community. But the village argued that the case brought by the congregation, which had not filed an actual application for the project with the village, was “enormously premature,” and the congregation’s claims were “deeply flawed.” The village also stated that the congregation did not have standing to sue because the federal Religious Land Use and Institutionalized Persons Act, does not intend to exempt religious entities from the local land-use process. “Plaintiff’s tactic of ‘sue first, apply later’ … should be rejected, and their premature and meritless claims should be dismissed,” court papers stated. A congregation’s response would be filed by Jan. 14. (Source: The Journal News)

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Pomona: Residents Hear Plan for Rabbinical College

Organizers of the proposed Rabbinical College of Tartikov pledged to be “good neighbors” when meeting last night with Pomona residents, some of whom expressed concerns that they ultimately could be pushed out by an expanding ultra-Orthodox Jewish population.

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Monsey: Residents voice concern over new Yeshiva

Plans for a rabbinical college that could more than double the community’s population drew more than 100 people last night to a public hearing on zoning law amendments. Speakers were concerned that the college residents would overwhelm them politically, and that the buildings would clash with a 40-year-old village where 1-acre residential zoning was the rule.

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Monsey: Major Yeshiva expansion planned

There are plans for a rabbinical college in the Rockland County village of Pomona – that would triple the village population and put as many as ten buildings on 100 acres of woodlands.

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