SUPREME COURT OP THE STATE OF NEW YORK

COUNTY OF KINGS
x
In the Matter of the Application of DAVrD APPEL, Index, No. 515647/2017
DAVID Y. SHOR, RAFAEL GRAUSZ, LEVI
GOLDBERG, FEIVEL UNGER, MOTTI KATZ,
MOSHE HERSHKOWITZ, JACOB LEVITMAN, STIPULATION AND CONSENT
CHAIM KATZ, YITZCHOK LUNGER, MENDEL ORDER REFLECTING PARTIES
WEISBERG, LAZER FISCHER, ARON JUNGREIS, PARTICIPATION AND JOINDER
DAVID BERKOVITS, and NOSON JOSEPHY, AS PARTY RESPONDENTS
as members of CHEVRA ANSHEI LUBA WITZ OF PURSUANT TO CPLR 78Q2fd>
BOROUGH PARK,

Petitioners,

-against-

THE ATTORNEY GENERAL OF THE STATE OF

NEW YORK,

Respondent,

For an Order pursuant to CPLR 7801 annulling and

rescinding the May 3, 2017 Amended Approval of the
Sale of the Property Located at 4024 12 Avenue,
Brooklyn, New York, that is owned by Chevra Anshei
Lubawitz of Boro Park, a Religious Corporation.
- x

WHEREAS, David Appel, David Y. Shor, Rafael Grausz, Levi Goldberg, Feivel Unger,

Motti Katz, Moshe Hcrshkowitz, Jacob Levitman, Chaim Katz, Yitzchok Lunger, Mendel

Weisberg, Lazer Fischer, Aron Jungreis, David Bcrkovits, and Noson Josephy, as members of

Chevra Anshei Lubawitz of Borough Park (Petitioners), filed the instant petition (the

Petition) against the Attorney General of the State of New York (the AG or Respondent)

on August 11, 2017; and

WHEREAS, Petitioners moved, by order to show cause, for a temporary restraining

order on August 24, 2017 before Justice Marsha Steinhardt (the TRO Application); and
 WHEREAS, Chevra Anshei Lubawitz of Borough Park, 4024 12th Avenue LLC, and

Waterfront Property Management LLC (the Proposed Jntervenor Respondents) appeared on

August 24, 2017 to object to Petitioners TRO application; and

WHEREAS, Justice Steinhardt decided Plaintiffs TRO Application as reflected in the

signed Order to Show Cause [Dkt. No. 19], and scheduled the parties hearing date for

September 7, 2017, with the TRO to remain in place until October 16, 2017; and

WHEREAS, the Proposed lntervenor Respondents intend to oppose the Petition on the

merits; and

WHEREAS, the Proposed lntervenor Respondents seek to intervene as parties in the

above-referenced proceeding pursuant to CPLR 7802(d); and

WHEREAS, Petitioner David Appel does not wish to proceed as a Petitioner;

THEREFORE, for the sake of judicial efficiency and economy, IT IS HEREBY

STIPULATED AND AGREED by and between the undersigned attorneys for Petitioners,

Respondent, and the Proposed lntervenor Respondents (collectively, the Parties):

1. That neither Petitioners nor Respondent objects to the Proposed lntervenor

Respondents being added as Respondents pursuant to CPLR 7802(d), or David Appel being

removed as a Petitioner in the above-referenced proceeding;

2. That Petitioners Petition and TRO Application, along with all supporting papers,

shall be deemed to also apply as against the Proposed lntervenor Respondents, which have

already been served with the Order to Show Cause, TRO, and Petition.

3. That the caption of the above-referenced proceeding shall be amended to reflect

the Proposed lntervenor Respondents as parties hereto, the removal of David Appel as a

Petitioner, and respectfully request that the Court so-order the amended caption as follows:

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 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

In the Matter of the Application of DAVID Y. SHOR, : Index. No. 515647/2017

RAFAEL GRAUSZ, LEVI GOLDBERG, FEIVEL :
UNGER, MOm KATZ, MOSFIE HERSHKOWITZ, :
JACOB LEVITMAN, CHAIM KATZ, Y1TZCHOK :
LUNGER, MENDEL WEIS BERG, LAZER :
FISCHER, ARON JUNGRE1S. DAVID :
BERKOVITS, and NOSON JOSEPHY, :
as members of CHE VRA ANSHEI LUBA WITZ OF ;
BOROUGH PARK, :

Petitioners,

-against-

TI-IE ATTORNEY GENERAL OF THE STATE OF

NEW YORK,

Respondent,

-and-

CHEVRA ANSHEI LUBA WITZ OF BOROUGH

PARK. 4024 12TH AVENUE LLC, and
WATERFRONT PROPERTY MANAGEMENT
LLC,

Intervenor-Respondents.

IT IS HEREBY FURTHER STIPULATED AND AGREED that this Stipulation may

be executed in counterparts; a photocopy or a scanned PDF of the Stipulation is deemed an

original for all purposes, and facsimile, electronic, or scanned signatures may be submitted to the

Court in lieu of original signatures.

Dated: New York, New York

August^, 2017

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 HERRICK, FEINSTEIN LLP Eric T. Schneiderman
Attorney General of the State of New
York . .
A

By; { <? Byf

Sron Mollen, Esq. T James B. Cooney, Esq.
/Jamce Goldberg, Esq. \ Assistant Attorney General
2 'PapK Avenue 120 Broadway, 24th floor
New York, New York 10016 New York, NY 10271
Phone: (212) 592-1400 Phone:(212) 416-6082
Fax: (212) 592-1500 Fax: (212)416-6009
smollen@herrick.com james.cooney@ag.ny.gov
jgoldberg@herrick.com joshua.keller@ag.ny.gov
steven.banks@ag.ny.gov
A ttorneysfor Intervenor-Respondents Attorney for Respondent
-s.

HELLER HOROWITZ & FE1T, P.C.

By:
f-Jf Feit,
Stuart A^iflander, Esq.
260 Madison Avenue
New York, New York 10016
Phone: (212) 685-7600
efeit@hhandf.com
sablander@hhandf.com

Attorneys for Petitioners

SO ORDERED:

, J.S.C.