The Appellate Division has reversed the Supreme Court Judge in the Brisman v. HAFTR case.
What makes this ruling very interesting is the Appellate's statement that the rules for denying confirmation of the arbitrators ruling are "Very narrow". There is now way that the Judge's ruling in this case could fall into those limits. See CPLR 7511.
The Law gives huge amounts of power to Arbitrators once the arbitration agreement has been signed. When we originally read the Lower Court's decision, it was possible that the Bais Din had overstepped the boundaries defined by the Shtar Brurin and that was one of HAFTR's key arguments. Even so, the Appellate confirmed their decision. My Shtar Brurin is all inclusive since it states "all issues". It is clear that the Bais Din was within its rights when it issued the Psak!
The Appellate decision can be found here.
Half of me is hoping the negotiations fall apart so we can continue with our appeal.
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About Me
- Gave A Get
- I am a divorced man questioning the wisdom of giving a "get" with no strings attached. over 6 YEARS after giving a Get and hundreds of thousand of dollars in legal, Bais Din and other costs, I finally have a divorce
The Players - Update 12/2009
1. Religious Ex - The woman I was married to for 15 years and have 3 children with. She has a Get for over 5 1/2 years.
2. Dayan 1 - The first Dayan appointed by Religious Ex after ordered to by the Court, I'm not sure he ever existed.
3. Dayan 2 - The second Daya appointed by Religious Ex. He lives out of town. He's been replaced.
4. Dayan 3. The new Dayan representing Religious Ex. He's been replaced.
5. Mutual Friend - Has spend 4 months trying to negotiate a deal ( the 6th person to try) and got frustrated (like the rest) with Religious Ex
6. My Rav - The Dayan representing me
7. My 3 Children - that I did not see for 2+ years. I gave up custody after a protracted battle in which they were used as pawns by "religious ex" for money. Two of them are now coming to visit. This makes me happy!
8. The Court - Two Levels of the court system in the state that I live.
9. The Shlish - the neutral Dayan that has been agreed upon by our Dayanim. He's been replaced.
2. Dayan 1 - The first Dayan appointed by Religious Ex after ordered to by the Court, I'm not sure he ever existed.
3. Dayan 2 - The second Daya appointed by Religious Ex. He lives out of town. He's been replaced.
4. Dayan 3. The new Dayan representing Religious Ex. He's been replaced.
5. Mutual Friend - Has spend 4 months trying to negotiate a deal ( the 6th person to try) and got frustrated (like the rest) with Religious Ex
6. My Rav - The Dayan representing me
7. My 3 Children - that I did not see for 2+ years. I gave up custody after a protracted battle in which they were used as pawns by "religious ex" for money. Two of them are now coming to visit. This makes me happy!
8. The Court - Two Levels of the court system in the state that I live.
9. The Shlish - the neutral Dayan that has been agreed upon by our Dayanim. He's been replaced.
10. Dayan 4. "Religious Ex's" latest Borer. He worked hard for her and got her more than a simple reading of the halacha would suggest.
11. New Shlish. The neutral Dayan agreed upon by Dayan 4 and My Rav.
12. Chaya Gitty Rosenberg, who is close to "Religious Ex". Very supportive of her court actions. A real hypocrite.
13. The Askan. A Gentleman from the community where Religious-Ex grew up. He is the only person who she is willing to listen to. Has done incredible job getting 2 kids to talk to me.
14. Askan-2. A very holy man who has been involved with this case since day 1.
12. Chaya Gitty Rosenberg, who is close to "Religious Ex". Very supportive of her court actions. A real hypocrite.
13. The Askan. A Gentleman from the community where Religious-Ex grew up. He is the only person who she is willing to listen to. Has done incredible job getting 2 kids to talk to me.
14. Askan-2. A very holy man who has been involved with this case since day 1.
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