e1/28/2009 15:25 7183847455 CONG. YETEV LEV PAGE 01/03 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WILMOS FRIEDMAN, HERMAN KAHAN, ZIGMOND BRACH, JOSE MASRI, ERVIN ROSNER, MORRIS FRIEDMAN, JOSEPH EPSTEIN, HERMAN LANDAU, Index No, 33481/08 MOSES SPIELMAN and all others similarly situated, Plaintiffs, AFFIRMATION -against- CYL CEMETERY, INC., CONGREGATION YETEV LEV D’SATMAR, INC., CHEVRE KADISHE D’SATMAR, a division of CONGREGATION YETEV LEV D'SATMAR, INC., CONGREGATION YETEV LEV D’SATMAR OF KIRYAS JOBL, INC., ., CENTRAL CONGREGATION YETEV LEV D’SATMAR, INC., RABBIEZRIEL GLUCK, JOSEPH WEISS, MOSES WITRIOL, NEW YORK STATE POLICE, DAVID MARKOWITZ, CHAIM ELIEZER GROSS, JOEL KAUFMAN, DAVID ECKSTEIN, ELIAS HOROWITZ and SHLOMO WERTZBERGER, Defendants. x Rabbi Ezriel Gluck affirms the truth of the following in accordance with his belief’ and under the penalties of peyjury: 1. 1am the president of the Chevre Kadishe (burial society) of Congregation Yetev Lev D’Satmar and have personal knowledge of the facts sct forth in this affirmation. 2. Twas appointed as a member of the board of the Chevre Kadishe fifty ‘years ago by Grand Rabbi Joel Teitelbaum, and subsequently was elected as president of the Chevre Kadishe and have been the president since 1994. I am the president at the present time. The Chevre Kadishe is responsible for arranging for the burial of deceased members of the Satmar community in the cemetery in Kiryas Joel, New York, Burial in the cemetery requires payment of a fee, upon which a certificate is issued to the membere1/28/2009 15:25 7183847455 CONG, YETEV LEV PAGE 02/83 entitling them to burial in the cemetery. The assignment of lots in the cemetery is in my discretion, as president of the Chevre Kadishe. I call all meetings of the Chevre Kadishe, and preside at them. 3. At all times from the foundation of the cemetery up to the present, the Chevre Kadishe has honored burial certificates issued both by Congregation Yetev Lev D'Satmar, Inc., the kehilla (community organization) of Brooklyn (“Brooklyn Congregation”), and by Congregation Yetev Lev D’Satmar of Kiryas Joel, Inc., the kehilla of Kiryas Joel (“Kiryas Joel Congregation”). 4, When the controversy started over the succession to the position of the Satmar Rebbe and the court case over control of Congregation Yetev Lev D’Satmar, Inc., the Chevre Kadishe continued its long-standing policy of honoring burial certificates issued by both the Brooklyn Congregation and the Kixyas Joel Congregation without regard to any pending litigation or political controversies. Throughout the dispute and up to the present time, the burial of members of the Brooklyn Congregation who hold burial certificates has been handled by Sol Perlstein, the vice president of the Brooklyn Congregation, or by Chaim Jacobowitz, the secretary of the Brooklyn Congregation, from its main office at 152 Rodney Street. Al) of the books and records of the cemetery are kept at the office at 152 Rodney Street. Upon the death of a certificate holder, the family members contact Mr, Jacobowitz, who then contacts me, as head of the Chevre Kadishe, ‘Burial then takes place as soon as possible, When the time comes to place a headstone on a gravesite, it is handled through a similar procedure. ‘These policies have been in place {for the past thirty years. 5. The right to burial in the cemetery is purely a matter of the deceased being the holder of a burial certificate issued by either the Brooklyn Congregation or the Kiryas7. PAGE 83/83 81/28/2093 15:25 7183847455 CONG. YETEV LEV 1/25/2008 14:17 7189847455 ‘CONG. YETEV LEV PAGE 03/03 Joel Congregation, Both organizations have always been recognized by the Chevre Kadishe, Ifa person holds a butial certificate issued by either congregation, burial takes place immediately. 6. As stated ia the plaintiffs’ motion pepers, on September 12, 2008 defendant CYL Cometery Inc. published a notice claiming that only persons holding burial certificates issued by CYL Cemetery Inc. will be bonored by the Chevre Kadishe. This notice was never authorized by the Chevre Kadishe. All notices fom the Chevre Kadishe must be approved by me, I was never showa the September 12, 2008 notice or even informed of it. I am the only person with authority to make decisions conceming barial or the placement of headstoues in the cemetery. The persons who published the notice did so without authority and misrepresented themselves as speaking for the Chevre Kadishe. J also never approved any transfers of property or assets of the Cemetery. 7. The notice was published over my objection, and T refuse to deny burial to ‘any person who holds a legitimate burial certificate for the cemetery. The notice published by defendant CYL Cemetery is merely an attempt to use the cemetery for political advantage, and to extort rooney from persons who already hold legitimate burial certificates. The Court should grant the injunction squght by the plaintiffs. Rabbi Eznel Gluck HER YOY ed before nie on To ~~ {