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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CONGREGATION BNAI MOSES JOSEPH ZANICHOST and ZOSMER, INC.,
 
Plaintiffs.
-against-

RALPH FELDMAN, ISAAC FRIED, and CLAYTON PATTERSON,
 

Defendants.
 
Index number 108322/1995

AFFIRMATION IN SUPPORT OF
Motion for Summary Judgment

------------------
ASHER FOGEL affirms under the penalty opf perjury:
  1. I am the oldest son of Moshe Fogel and I am fully familiar with familiar with the facts and circumstances surrounding this aciton.
  2. I makje this affirmation in support of the motion brought by the Congregation Bnei Moses Joseph for an order of ejectment against those individuals that are presently occupying the premises.
  3. I am making this statement in affirmation form in lieu of affiodavit form since my religious beliefs prevent me from taking an oath.
  4. The Coingregation was fouindd by my grandfather among others. My father prayed and was involved in the Congregation's affairs for many years and I personally have been a member for almost thirty (30) years.
  5. Several years ago, my father  suffered a stroke.
  6. Since suffering that stroke, my father has become somewhat less of the strong persnality that he was prior to the illness. He is paralyzed on one side of his body and has diminished mental capacity. His daily affairs are managed by myself along with my other siblings, my brother and two sistesrs.
  7. Althouth my father has served as Vice President of the Congregation for many years and continues to hold that honorary position, he as not been able to perform any of those functions since the onset of his ilness and since then, he has not been part of the decision making process for thed Congregation.
  8. Any action that my father has takjen since his stroke cannot be attributed to the Congregation and should not in any sway ind the Congregation and its members,
  9. Mr. Sidney Turkeltaub has served as the Congregation's President for more than forty (40) years. He along with my father (until his illness) jointly worked tirelessly on behalf of the Congregation in all facets, including building repair, making sure that the Congregatio would have a quorum for Saturday morning anal administering the urial society for its members which activity continues as of this date.
  10. Mr. Turkeltaub and no other person is authorized to act on behalf of the Congregation and its members, Any statement which comports to convey any other message is unfounded and untrue.
  11. The allegations made by defendants that they arte connected with the existing members of the congregation or in any manner represents theiur interest are patently false.


WHEREFORE, your affiant respectfully requests that the mnotin seeking the ejectment of the people who are illegally occupying the building bgelonging to the Congregation be granted plus other and further reliefr that this Court deens just and proper.

______________________ 
ASHER FOGEL
Notarized 27th May 1997

New York, NY 10038