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Thursday, May 04, 2006

LIPA MARGULIES, YESHIVA TORAH TEMIMAH AND YUDI KOLKO MESARAIV L'DIN (IN CONTEMPT OF JEWISH COURT)

LIPA MARGULIES, YESHIVA TORAH TEMIMAH AND YUDI KOLKO IN CONTEMPT OF JEWISH COURT(MESARAIV L'DIN)

As everybody now knows, Margulies and Kolko have ignored repeated Hazmanas and refuse to come to Bais Din. Indeed, they defied three separate Batei Dinim, including two of their own initiation.

SIRUV L’DIN NUMBER ONE:
When the most recent charges of child molestation and cover-up against Yudi Kolko and Lipa Margulies emerged to the public in February, the Torah Temimah/Margulies/Kolko camp sent an Hazmana from Rabbi Belsky to Eli Greenwald alleging slander. Eli Greenwald, being a true Torah Jew, immediately responded in writing that he would appear before Bais Din for a Din Torah. The Torah Temimah/Margulies/Kolko camp ignored this response to their Hazmana and have yet to appear for this Din Torah.

SIRUV L’DIN NUMBER TWO:
At the request of the Torah Temimah/Margulies/Kolko camp, a Bais Din comprised of Rabbis Avrohom Chaim Levin and Shmuel Kaminetzky together with a noted orthodox attorney was set up. The Torah Temimah/Margulies/Kolko camp agreed to come to a Din Torah before this Bais Din. A tentative date was set. The Torah Temimah/Margulies/Kolko camp changed their position and refused to appear before this Bais Din. It must be noted that this too was a Bais Din convened at their request.

SIRUV L’DIN NUMBER THREE:
Despite the fact that the victims were now well within their rights to go directly to Court, they wanted to give Bais Din one more try. Thus, before filing suit on behalf of the victims and guided by strict Halacha after conferring with Rabonim and Poskim, Attorney Jeffery Herman sent three successive Hazmanas to the Torah Temimah/Margulies/Kolko camp demanding they come to the Bais Din of Mechon L’Hoyroh or convene a Bais Din of ZBLA. (see Shailos Uteshuvos Divrei Chaim, Choshen Mishpat, Chelek 2 S’ 46 & the Shailos Uteshuvos Neos Desheh S’ 51, which stand for the premise that an Hazmana need not originate from a Bais Din but may instead be sent directly by the claimant. Indeed, the Bais Din of Mechon L’Hoyroh approved the Hazmanas prior to them being served.)

Despite independently confirming their Halachic obligation to respond to the Hazmana and appear before the Bais Din for a Din Torah, the Torah Temimah/Margulies/Kolko camp chose to ignore the Hazmana. While strict Halacha only requires one Hazmana, the victims decided to follow the current practice and sent three Hazmanas. The Torah Temimah/Margulies/Kolko camp ignored all three.

MESARAIV L’DIN
At this point the Torah Temimah/Margulies/Kolko camp are clearly Mesarvim Ledin.

The Mesaraiv transgresses numerous Torah laws including: “Al Pi Hatorah Asher Yorucha”; “Uvasa El Hashofet Asher Yehiyeh Bayamim Hahem”; “Ad Haelokim Yovo Dvar Shnayhem” and “Tzedek Tzedek Tirdof” (All found in Parshios Mishpatim and Shoftim.) The Mesarev, by forcing the other litigant to go to secular Court causes a great Chillul Hashem. As Rashi states in Parshas Mishpotim "do not bring the matter to their courts, for one who brings law cases of Bnei Yisrael before the secular courts profanes the Name of Hashem. The Chillul Hashem that The Torah Temimah/Margulies/Kolko camp will be bringing down on Klal Yisroel as a result of their refusal to go to Bais Din is unimaginable and unspeakable.

It is incumbent upon the entire community to loudly condemn Mesarvim Ledin and insist that Hazmanas be responded to. In his article entitled, "Batei Din vs. Secular Courts", published in The Jewish Observer, January 1993, Chaim Dovid Zwiebel argues that the community itself is called upon to play a major role in upholding the honor of Batei Din and enforcing their judgments. He notes that the Agudas Yisroel movement has adopted some internal guidelines designated to isolate anyone who is Mesaraiv L'din. Such an individual forfeits his right:
(1) to be a member-in-good-standing of any Agudah branch Shul;
(2) to be called to the Torah for an Aliya;
(3) to be a Shaliach Tzibbur;
(4) to host any Kiddush or Simcha; and
(5) the individual is to be explicitly advised that he is not welcome in the Shul.

Margulies would rather continue sheltering a child molester and defy Halacha and our Torah while having all his dirty laundry aired in the secular Courts and media, then face a Din Torah.

He chose to continue putting children at risk daily instead of doing his duty and protecting them from further harm.

History will record that the Torah Temimah/Margulies/Kolko camp were hoisted by their own petard.

28 comments:

Anonymous said...

So when's the big announcement?

Clerk said...

Where will the suit be filed?

Just Wondering said...

Is it permissible to patronize a yeshiva that is mesarev ledin? Don’t we have halachos that forbid us from associating with such people? What type of chinuch are parents who send their children to Torah Temima expecting if the people who own and run the yeshiva are mesarev ledin? How can these yeshiva bochurim not turn out krum?

Anonymous said...

I believe the correct usage is "than face a, rather than then.

But, why be particular with the details when you can raise a ruckus, feel important, and feel arrogantly justified in airing dirty laundry while hiding behind a mask of absentia.

I know kids from TT who were not abused by Kolko. In the absence of solid evidence of abuse, do allegations justify raking this tinnokot shel beit Rabban in the mud?

Don leotards. Hoist your own petard. Be melodramatic, but be prepared to answer for your own self righteous, schmucky behavior - which this blog encourages - when History hoists you.

former aroni now a zali said...

UOJ writes: "see Shailos Uteshuvos Divrei Chaim, Choshen Mishpat, Chelek 2 S’ 46 & the Shailos Uteshuvos Neos Desheh S’ 51"

Yeah, like you ever looked at a divrei chaim in your life....

You cursed him out a few months ago when you were busy "REBBE BASHING".
You are a truly sick demented individual. Kolko might be guilty, but so are you.

May god strike you as hard.

Anonymous said...

There is something strange about you . Why send hazmonahs thru an attorney and then have to bring a Tshuvos Divrei Chaim that it is Ok and make everybody wonder ? Why not do it the proper way and have Machon Horayoa send out the 3 Hazmonas directly and then there woulds be no question in anyone's mind. At that point you could get a Siruv on the stationary of the Bais Din . The way you did it makes everybody wonder that something is fishy .

Anonymous said...

The beis din has to issue a copy of seruv din for anyone to take this seriously. This is regardless of wether you are correct in quoting shaylos uteshuvos seforim that beis din doesn't have to. Get a copy to scan on your site and post it around town.

Anonymous said...

Funny. You are machshiv the hazmana of a din torah whose decision is already made, but were the shoe on the other foot, you'd be railing against how corrupt the orthodox establishment is and how evil they are for calling you to a din torah (in fact, you did just that about rav belsky's hazmana). So what is it - that only the gedolim or dayanim YOU pick are chashuv, but everyone else (who opposes you) is slime?
Sounds pretty self serving to me.

Also, is this what passes for news? Could it be that you dont have any new news to print and so you need to spin a recap (which is essentially what this post was) as a breaking announcement? This is the MO of every demagogue - pretend there are NEW crimes to keep the story alive.

What I predict is that if you go to secular court and lose (which you will, based on the flimsy evidence you have), youll cry foul. If ANY beis din had found against you, you'd have cried foul. Basically, you dont want the findings of justice, you want kolko's head on a stick and margo in chains, however you can get them. Looks like a stacked deck from where I'm standing.

But remember this: youll file a suit, and evetually will lose. The government will not investigate b/c there is no case. Even a scandal sheet like ny mag wouldnt touch this story - b/c there was no story. And what conclusion do you draw from all this? Everyone is corrupt but you?

Step back from the ledge, ben, and take a deep breath, and remember that you arent omniscient,and its possible that you're obnoxious assessments of the world at large might be flawed.

Anonymous said...

A mesarev ledin is only someone who has been sent a true hazmanah from a bes din and did not respond to it. A mesarev ledin does NOT happen via the examples given by The UNorthodox jew.

Ploynee Anonymous said...

I am not mekabel this lashon hora. Do you have a psak from R Elyashiv that he is mesarev le'din? It wasn't reported in the Hamodia - it can't be true.
Besides, I remember there is a sefer, I think it's called halocho berura, that explicitly paskens that this situation wouldn't be mesarev le'din.

Anonymous said...

Where have you been anonymous, apparently some kids claim they were taken advantage of and now they want to confront the past so they can move on. It could have taken place anywhere at any time. It happens to be that he now works at YTT. No one publicized where the attacks took place or where the kids came from. If you need proof speak to ELi G. or Elliot Pasik or the lawyer. They are the only ones willing to put their names out, not because nobody else cares but because everyone is scared of Saints like you.

Anonymous said...

I know people that Charles Manson didn't murder - so I guess he's innocent, too.

Wordsmith said...

For the benefit of our readers:

pe·tard
n.

1. A small bell-shaped bomb used to breach a gate or wall.

2. A loud firecracker.

[French pétard, from Old French, from peter, to break wind, from pet, a breaking of wind, from Latin pēditum, from neuter past participle of pēdere, to break wind.]

WORD HISTORY The French used pétard, “a loud discharge of intestinal gas,” for a kind of infernal engine for blasting through the gates of a city. “To be hoist by one's own petard,” a now proverbial phrase apparently originating with Shakespeare's Hamlet (around 1604) not long after the word entered English (around 1598), means “to blow oneself up with one's own bomb, be undone by one's own devices.” The French noun pet, “fart,” developed regularly from the Latin noun pēditum, from the Indo-European root *pezd–, “fart.”

Also: a petard was a 19th Century animal trap, consisting of a rope and a bent branch that caught the desired beast by one leg as it stepped into a loop in the rope and pulled it up into the air.

The verb "hoist" is an irregular past tense of the obsolete verb "hoise," meaning "raise" or "lift." The same form is used in "burn" and "burnt."

Lynne Truss said...

I believe the correct usage is "than face a, rather than then.
===================

Correct. UOJ is guilty of a grammatical error.

Margulies and Kolko are guilty of molesting countless children.

I'm with UOJ on this one.

Anonymous said...

Is their a posting anywhere in Flatbush/Boro Park of the Siruv?

Who's Josh Guttman? said...

Towers & Tenements

The Fire Down Below
Sifting Through the Ashes, City Arson Squad Probes Major Blaze in DUMBO

by Matthew Schuerman
March 17 - 23, 2004







The remains of what was once loft space
photo: Jay Muhlin
First, the residents in a pair of DUMBO lofts are evacuated because of unsafe conditions. Next, the landlord's attempt to change the building's zoning to permit luxury apartments fails. Then, a week later, the building, along with an adjoining warehouse, burns down.
Although the fire department wouldn't say whether they were exploring the possibility of arson, one fire marshal, Jack Delancey, confirmed that he was part of an investigation into the fire, along with agents from the police department and the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. The name of his team? The New York City Joint Arson Task Force.

Neither Joshua Guttman, principal owner of the demolished property, nor his lawyer, Israel Goldberg, returned repeated phone calls from the Voice.

The fire, at 247 and 255 Water Street, broke out in the early morning of February 18 and took more than 10 hours to bring under control. The buildings were empty at the time: Commercial tenants had left a few weeks earlier; residents had moved out long before. But extinguishing the blaze took 168 firefighters, at least five of whom were injured.

Former tenants describe 247 Water Street as a labyrinth of gerrymandered apartments, free-spirited inhabitants, and amazing deals. When she left three years ago, writer Jana Martin was paying $1,400 a month for a 1,200-square-foot penthouse and a rooftop garden. The only problem was the landlord. "He did all the electrical work himself, all the plumbing himself," Martin said. "I don't think anyone was licensed." (For the record, she is not one of the neighbors who spoke with arson investigators.) The 60-odd tenants were willing to make do with the makeshift condition of their spaces. Then, much to the displeasure of the residents, the city buildings department rushed in one Friday in December 2000 and evacuated the building, because the fire exits were blocked.

A handful of tenants returned a few months later. That's when trouble began. One resident reported seeing building workers spreading six bags of trash throughout the hallways. Others say that door locks were smashed, the elevator power was cut, and insulation was strewn about, apparently to encourage rats and mice to nest. The tenants sued, and then settled two years ago, agreeing to vacate for about $35,000 each.

Guttman's official record is spotty, although the city never succeeded in changing his ways. In 1995, for instance, the company he set up to own the building paid a $350 fine for erecting two shacks on the roof without a permit. A year later, it paid an $800 fine for the same structures. Three years after that, the shacks remained and the fine increased to $2,500. Guttman still hasn't paid it. Nor did the Department of Buildings follow up for two years, though records show inspectors returned to the same address to investigate numerous other complaints. Spokeswoman Ilyse Fink explained that it has only been two years since the department established a system to reinspect buildings with serious infractions, and that older citations have not been included. She added that, had the department known that shelters were occupied, the department would have reacted more swiftly.

Because the building was in a manufacturing zone, the tenants lived in the building illegally under commercial leases. In order to cash in on DUMBO's emergence as the new Soho, Guttman would have had to get the zoning amended to residential and offer proper leases. That's what he'd been trying to do when, on February 11, Community Board 2 recommended against allowing the zoning change in a 35-1 vote. The board received Guttman's letter withdrawing the re-zoning request on the day before the fire.

It's unclear whether the fire makes it any easier to convert the building into luxury living. Guttman could go a different route, asking for a zoning variance before the Board of Standards and Appeals. He could argue that it is a hardship to erect a manufacturing building in a neighborhood where condominiums are the new industry. But the board's executive director, Pasquale Pacifico, warns, "Getting a variance is a difficult process."

So far, Guttman has not been charged with a crime in connection with the fire.

Anonymous said...

right. we need twenty thousand copies.

Kolko's DNA said...

http://www.nytimes.com/2006/05/04/nyregion/04dna.html

May 4, 2006
New York State Draws Nearer to Collecting DNA in All Crimes
By DIANE CARDWELL
A push to require all convicted criminals in New York to submit their DNA to a central database is gaining crucial support in Albany, where officials say it could create the most comprehensive DNA collection system in the nation.

If the proposal becomes law, it would make New York the only state to require collecting DNA from everyone convicted of felonies and misdemeanors, including youthful offenders convicted in criminal court, officials said.

Currently, 43 states require that people convicted of all felonies submit DNA, but none require samples from those convicted of all misdemeanors, and New York has required those convicted only of some felonies and some misdemeanors to do so , officials said.

Gov. George E. Pataki has pushed for an all-crimes DNA database for years and the Republican-led State Senate has approved such a bill, first introduced seven years ago. The legislation, however, has languished in the Democratic-led Assembly. But key lawmakers now say passage of a bill is quite likely if their concerns are addressed about DNA samples held by local crime labs that have been taken from people who have not been convicted.

"I think we're on our way this year to a DNA bill that will be the first in the nation to do all crimes," said Assemblyman Joseph R. Lentol, the chairman of the Codes Committee, which has jurisdiction over criminal justice.

The movement in Albany comes as public pressure to expand the state's database is mounting. Yesterday, Mayor Michael R. Bloomberg gathered the city's five district attorneys outside a forensics lab the city is building on East 26th Street to push for the measure's passage.

"This is by far the most powerful and precise crime-solving tool since the advent of fingerprint identification a century ago," Mr. Bloomberg said. "When it comes to cutting-edge investigative technologies, New York should be leading the charge, not lagging behind. And as long as we are lagging behind, make no mistake: People are being murdered and raped by criminals who should already be behind bars."

Law enforcement officials say that DNA evidence has become increasingly crucial in solving and preventing crimes, from murders and sexual assaults to robberies and burglaries. According to the Mr. Pataki's office, New York's DNA database has linked suspects to more than 3,500 crimes since 2000. And in recent weeks, Police Commissioner Raymond W. Kelly said, DNA evidence has proved crucial in investigating the case of Imette St. Guillen, a graduate student who was raped and murdered, and identifying a man who committed a series of rapes dating to 1995.

"Most sex offenders and murderers are not specialists — they get convicted of every crime in the book, including more minor offenses like petty larceny and trespassing," Mr. Bloomberg said, "and each time that happens it is an opportunity to stop career criminals in their tracks and prevent another rape or save another life."

If it adopts the law, New York would in some ways be catching up to the rest of the country, where most states already require DNA collection from felons.

But extending that requirement to everyone convicted of misdemeanors would appear to make New York stand out. Five states allow samples to be taken from some people who are arrested, and in several states certain misdemeanor offenses also require DNA sampling, said Donna Lyons, criminal justice program director for the National Conference of State Legislatures, a nonpartisan research group.

According to John Feinblatt, the city's criminal justice coordinator, Louisiana has a more comprehensive law on its books, which would collect DNA from all people who are arrested. But, he said, the state has not been able to put the law into effect because of a lack of financing.

Currently New York collects DNA from fewer than half its convicted felons and from about 6 percent of those convicted of misdemeanors and compares them to DNA profiles linked to unsolved crimes. Each time the databank has expanded to include more types of convictions, officials said, the number of matches has increased. In 1999, when the law added convictions for certain violent felonies to its list of sex crimes and homicide, 80 percent of the next 1,000 matches directly resulted from that expansion.

Chauncey Parker, the state director of criminal justice, said, "The more you expand, the more crimes you're going to solve."

On average, he added, five years pass from an offender's first conviction until a type of conviction that allows the state to take DNA, and the court records are full of criminals who were not linked to rapes and murders for years after committing them.

UOJ Talmid said...

So the suit was already filed when you wrote this post. Very clever.

The Boogie Man said...

Attention Leib Pinter.

We're not finished with you yet.

With our little introduction of you this past week, you have been the talk around town with baal batim and especially yeshiva bochurim, reading this page for the latest shmootz on you.

Even the biggest reshoim in Gehennem get a break once a week as long as they weren't mechallel Shabbes, so enjoy your piece of mind while it lasts.

We return next week to pull some skeletons out of your closet. Trust me when I say you will forever dread the things that we will make public.

Stay tuned you SCUM.

Lee Bienstock said...

I will speak to Donald Trump about a great idea for an upcoming episode of "The Apprentice". Let's see which team can come up with the best business plan for getting rid of Kolko, Margo and Pinter.

Martha Stewart said...

NBC pulled the plug on my version of The Apprentice TV show because I suck. But after recently being released from jail for insider trading with Sam Waksal, maybe I can give some tips to Kolko, Margo and Pinter. They might want to know how to nicely decorate a prison cell. I understand they have an extended stay coming up.

Anonymous said...

Welcome back Kol. We missed you.

Instead of your weak swagger, a simple apology to UOJ is in order. You accused him of bluster and he delivered on every promise he made.

It’s time for you to find another place to hang your hat. The peg it’s on now is rotten to the core and about to collapse

R2K said...

Depressing how these rifts form among us.

R2K

yeshivaguy said...

The "hazmanos" posted by UOJ are nothing of the sort. Hazmanos must be issued by Beis Din. These were not. What is this nonsense?

UOJ by choice said...

All of you anti-UOJites are really quite pathetic. Here the scum of the earth are abusing our children or enabling them to do so and all you can do is scream at the one person trying to bring them to justice.
UOJ is trying to stop these animals from doing to our kids what the establishment has been doing to the community for years.

Anonymous said...

Do any of the RCA members who have ignored the hazmana of the Jerusalem bes din get the same treatment? does your friend Blau? or is it just reserved for the members of the charedi world?

Anonymous said...

So now we have two names out in the open. I assume that many of are old enough that our abusers are dead. I would love to have the Yehiva we I was held accountable for the abuse that I received as as a young shild "on the knee" of my Rebbe but alas he is in the world to come and accountability there is not subject to the whims of what we call a "din torah", which has neither "din" nor "Torah..."