At an Oct. 10 Borough Council meeting, Francis reported that he did not find the yeshiva in violation of any borough ordinances. He concluded in his report, �Since this is a religious institution, it is allowed to have religious instruction.�?

Resident Bert Ellentuck, who lives next door to the yeshiva, said he would appeal Francis� decision and that he would pursue the yeshiva�s possible violations of borough code with the Planning Board.?

A hearing on the appeal was supposed to take place on Feb. 14. But at that time, the board rescheduled the hearing for March 14 so the yeshiva�s attorney, Edward F. Liston Jr., could obtain a copy of the borough�s current zoning ordinance.?

The March hearing was also canceled, as have been subsequent scheduled meetings regarding the appeal.?

At the Feb. 14 meeting, the Planning Board voted that regular Planning Board meetings would solely deal with the appeal regarding the local yeshiva and that special meetings would be scheduled to hear general applications. The board generally meets on the second Tuesday of the month.?

Planning Board Attorney Michele Donato said that she has notified the yeshiva�s attorney that any hearings would take place at the regular meetings.?

�The board tried to accommodate them,� Donato said. �Everybody keeps canceling.�?

When asked if there is a limit to the number of cancellations permitted, Donato said there is not if the appellant, Ellentuck, extends the time allowed.?

�To the best of my knowledge,� Ellentuck said, �we accepted an extension in order to resolve the difficulties the board was having with the zoning ordinance.�?

He said he did not recall �being asked as to whether I accepted an extension to accommodate the unexpected inability of the so-called expert witness rabbi whom the yeshiva wished to call.�?

Ellentuck also said it is possible that his attorney agreed to the second extension.?

Donato said Ellentuck could request that the Planning Board act within a certain period of time. She suggested that Ellentuck speak to his attorney about the matter.?

Ellentuck said he is extremely annoyed by the cancellations. He alleged that the yeshiva keeps finding ways to do things that town ordinances do not permit and also tries to put off any decision.?

Ellentuck said he filed an appeal as soon as students began attending the yeshiva last year. At the rate things have transpired, Ellentuck said a second class of students will be in the synagogue before the board hears his appeal.?

�I can see [the yeshiva�s] modus operandi is very clear,� he said.?

Yeshiva spokesman Josh Pruzansky did not return calls for comment.