Tuesday, January 4, 2022

KA says any beis din can do anything they think they must do to accomplish their goal- just like Mendel Epstein?

13 comments :

  1. Sorry not reading your posts. Allow me my letter today to NYS Court of Appeals
    “3.Alleged Prus 2013 Judgment of Divorce lacks proof of its legitimacy. Judge Prus and Susan refuse to allow me to see the fake/phony 1995 Rigler order of separation. According to NYS law I'm still married to Susan and I'm still part owner of the marital house. The NYS Court of Appeals errs in stating: ORDERED, that the motion is dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. I propose a legislative change in NYS divorce law to prevent from happening again in NYS: 1) fake/phony 1995 Rigler order of separation and 2) Alleged Prus 2013 Judgment of Divorce.
    4.DRL 240 states:(a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by petition and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of subdivision one-c of this section. Where either party to an action concerning custody of or a right to visitation with a child alleges in a sworn petition or complaint or sworn answer, cross-petition, counterclaim or other sworn responsive pleading that the other party has committed an act of domestic violence against the party making the allegation or a family or household member of either party, as such family or household member is defined in article eight of the family court act, and such allegations are proven by a preponderance of the evidence, the court must consider the effect of such domestic violence upon the best interests of the child, together with such other facts and circumstances as the court deems relevant in making a direction pursuant to this section and state on the record how such findings, facts and circumstances factored into the direction.
    5.Beautiful that NYS law requires allegations are proven by a preponderance of the evidence, the court must consider the effect of such domestic violence upon the best interests of the child. What's needed in NYS divorce law: If the husband, defendant in a NYS contested divorce action, makes a good faith allegation based on reasonable belief supported by the facts that he already divorced his wife outside NYS laws, then that husband shall not be deprived of his rights to his marital assets or to his pension.”

    Interesting January 3, 2022 NYS Court of Appeals: “And their introduction to the Bench began this morning with a message from me, a message addressing the importance of public service and the paramount importance of maintaining public trust and confidence in a fair and impartial judiciary...
    Sessions will continue into next week, with judges, lawyers, law professors and experts instructing on how to achieve operational and decisional excellence in judicial assignments, including essential case management skills in the context of our new hybrid court model, intensive domestic violence training in recognition of the pandemic related increase in family violence, important primers and updates on substantive and procedural areas of the law, and, of course, judicial ethics.”

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  2. Nope, KA cited some sentences from DT 's post, and asked for the exact Rashba that DT cited. This is a ridiculous projection on DT part.

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  3. “The Gemara says: David Hamelech said to Hashem: I told them “he who is
    adulterous is liable for death by strangulation but receives a share in
    the World to Come but one who publicly shames his friend does not
    receive a share in the World to Come.” When we come to discuss this
    issue it is imperative that each person comprehend that his World to
    Come depends on this. Therefore it is necessary to know:"








    "KA says any beis din can do anything they think they must do to accomplish their goal-"


    So where did I make such a claim? And if i didn't ,why are you tossing away your olam haba for some extra views?

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  4. Thanks KA for the uptick. Too easy in NYS (and Israel) divorce law for her to win in court. Standard of “and such allegations are proven by a preponderance of the evidence.” Courts accept her evidence readily and wholly. Hard in NYS (and Israel) divorce law for him to win in court. Courts reject his evidence readily and totally. Yes a double standard.

    My proposed legislative change for NYS divorce law: “What's needed in NYS divorce law: If the husband, defendant in a NYS contested divorce action, makes a good faith allegation based on reasonable belief supported by the facts that he already divorced his wife outside NYS laws, then that husband shall not be deprived of his rights to his marital assets or to his pension.”

    Biden/Harris administration seeks to pass bad legislation. In SCOTUS No. 21-932 In the Supreme Court of the United States DONALD J. TRUMP, Petitioner, v. BENNIE G. THOMPSON, et al., Respondents.
    Trump says they’re trying to put him in jail. They say, they’re seeking to swiftly develop legislation to protect democracy.

    Back to this week’s parsha בא “Pharaoh’s couriers said to him: How long shall this one be a snare to us? Let the men go to worship the Lord their God! Are you not yet aware that Egypt is lost?’ So Moses and Aaron were brought to Pharaoh; and he said to them, Go, worship the Lord your God! Who are the ones to go? Moses replied, We will all go, young and old. We will go with our sons and daughters, our flocks and herds; for we must observe the Lord’s festival.” (Exodus 10:7-9).

    I cited these passages yesterday at a bar mitzvah party my sister in Petak Tikvah made for her grandson. The connection is that the bar mitzvah boy accepts Torah and in the parsha the Jews were waiting to go to the desert at Mount Sinai to accept Torah. Follow KA, Garnel, IsraelReader?

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  5. You cited the Rashba as the appropriate rule to follow

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  6. OK , I will carefully repeat myself, and not call you names, since I respect you. Please pay attention.

    THE QUOTE WAS FROM YOUR OWN POST, WHICH CITES RASHBA. I ASKED FOR THE EXACT LOSHON OF RASHBA AS BROUGHT BYTHE ARUKH.
    IT WAS NOT MY QUOTE OR CLAIM.

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  7. I quoted you and asked for the source.
    If you tell me Raavad allowed going on temple mount, and I asked you the source, does not equate to me paskning that way.

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  8. ערוך השולחן חושן משפט סימן ב
    [רשב"א בתשובות חלק ג' סי' שצ"ג]

    Sorry for misunderstanding you but I couldn't believe that a learned gentleman could not easily find a source cited by a well known source

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  9. Thanks, I don't have a complete set of sefarim, perhaps I should check on sefaria more often

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  10. Really
    You meant nothing other than asking for a well known text from a major posek -
    You don't have access to the AuchHadhulchan or Rashba?!
    ערוך השולחן חושן משפט סימן ב
    [רשב"א בתשובות חלק ג' סי' שצ"ג]

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  11. You could simply look at volume II of my Child & Domestic Abuse
    Where I have the Auch HaShulchan Hebrew and English and the location of the Rashba and many other sources including Rav Silman. Igros Moshe, Rav Sternbuch and Pischei Tshuva - but nothing from Rav Shnuel Eliyahu

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  12. I don't own them . I'm not a great lamdan.

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