Another chapter in the ongoing saga in the trial of the management of Beis Haknesses Beis Hamedrash Lubavitch Sheb’Lubavitch. After almost 20 years of hearings in various courts, the New York State Court of Appeals announced today that there is no need to hear the appeal filed by the gabbaim regarding a demand to vacate the premises, because in the court’s opinion, the previous ruling does not include such an order.
About a year and a half ago, the judge ruled in favor of the plaintiffs and ruled that the management of the synagogue would not remain in the hands of the mispallelim. The gabbaim claimed that the synagogue had always been run by their ruling body, effective representatives of the mispallelim. The Rebbe MH”M established the system as such. At the same time, the plaintiffs denied the right of the mispallelim to manage the place as they wished. The aforesaid judge accepted the plaintiffs ‘claims, and ruled in accordance with the reference to the issue as a “neighbors’ dispute,” without referring to the fact that this is a question of a religious nature.
Immediately afterwards, the gabbaim began preparing the appeal of the verdict. For the past few months, the attorneys have sought procedural approval in connection with the appeal, and today, 14 Kislev, the decision was made.
The court clerk informed the parties that there was no need to hear the appeal, because according to the understanding of the Court of Appeals, there is no provision in the previous ruling for the eviction of the synagogue and the gabbaim, and therefore – no appeal is needed to leave the status quo intact.
The implication as it stands is that the synagogue will continue to be run as it has been since its inception, by the gabbaim as representatives of the public, according to the will of the Rebbe MH”M.
The gabbaim will be reviewing the decision in the coming days in order to understand the next steps that need to be taken.