|CONGREGATION BNAI MOSES JOSEPH ZANICHOST and ZOSMER,
RALPH FELDMAN, ISAAC FRIED, and CLAYTON PATTERSON,
Index number 108322/1995
AFFIRMATION IN SUPPORT OF
for Summary Judgment
|ASHER FOGEL affirms under the penalty
I am the oldest son of Moshe Fogel and I am fully
familiar with familiar with the facts and circumstances surrounding this
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.
I am making this statement in affirmation form in
lieu of affiodavit form since my religious beliefs prevent me from taking
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)
Several years ago, my father suffered a stroke.
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.
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.
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,
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.
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.
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.
Notarized 27th May 1997
New York, NY 10038