Monday, November 04, 2013

New York Court Confirms Part of Beth Din's Rulings In Dispute Over Kosher Certification In Crown Heights

Matter of Va'Ad Hakohol Deschunas Crown Heights v. Va'Ad Hakashrus of Crown Heights Corp., (Kings Co. NY Sup. Ct., Oct. 17, 2013), is the latest installment in a complicated and long-running dispute that began in 2006 between three local Jewish organizations in the Crown Heights section of Brooklyn over control of the kosher certification process and the funds generated from it.  The feuding organizations are the Crown Heights Beth Din that serves as religious consultant that certifies food as kosher; Hakashrus that provides butchers and inspectors to implement kosher certification; and Hakohol which is not part of the certification process.

Four lawsuits filed in the matter were eventually referred for voluntary arbitration to a 5-member panel of rabbinical judges (the Rosenberg Beth Din) which in 2010 issued four rulings, one of which ordered an election to fill a vacancy on the 3-person Crown Heights Beth Din.  In 2011, the Rosenberg Beth Din issued two supplemental rulings, one of which rejected challenges to the qualifications of Rabbi Joseph Shaya Braun who was elected to the Crown Heights Beth Din in the ordered election.

The New York trial court was then petitioned to confirm the arbitration awards of the Rosenberg Beth Din.  In June 2012 it refused to do so, but subsequently allowed re-argument on the issue.  In this decision it confirmed parts of the awards entered by the Rosenberg Beth Din, including its holding that Rabbi Braun was properly elected to the Crown Heights Beth Din, saying:
Turning to the Jan. 3, 2011 supplemental award, the Court finds that its unambiguous pronouncement that Rabbi Braun was elected in accordance with religious law is adequate for the Court to confirm this award. "The path of analysis, proof and persuasion by which an arbitrator reaches a conclusion is beyond judicial scrutiny".... The Rosenberg Beth Din's endorsement of Rabbi Braun's credentials to qualify as a member of Crown Heights Beth Din, therefore, is controlling. The Court is proscribed from evaluating Rabbi Braun's credentials, as doing so would infringe "upon a religious community's independence from secular control or manipulation"
The New York court however remanded to the Rosenberg Beth Din the question of control, operation and ownership of the assets of Hakashrus.