Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
________------____-_____-------------X
ANNEGOTTLIEB,
Petitioner,
-against- VERIFIED PETITION
FERNCLIFFCEMETERY
ASSOCIATION, Index No.:
Respondent.
Petitioner, ANNEGOTTLIEB, by her attorneys, Jonathan E. Kroll & Associates, PLLC,
as and for her Petition, alleges as follows:
1. Petitioner, Anne Gottlieb resides in Karnei Shomron, Israel.
2. Respondent Ferncliff Cemetery Association is a public cemetery corporation
incorporated under the laws of the State of NewYork, with its office located at 280 Secor Road,
Hartsdale, NewYork 10530. Upon information and belief, the corporation owns and operates
the cemetery located at 280 Secor Road, Hartsdale, NewYork 10530, known as Ferncliff
Cemetery.
3, The Herman Family own four (4) Plots No. Hillcrest Urn Garden 23 A, B, C, D, in the
in which the body hereinafter mentioned is buried. Annexed hereto as Exhibit
"A" a
cemetery is
copy of the deeds to the Plot.
4. The Petitioner's father George H. Herman died on June 1, 1989 and was interred in the
cemetery at Plot 23C, in a grave in the plot owned by said petitioner's family.
5. The petitioner now desires to remove the body of her father from the respective grave
in the cemetery and to transfer and inter such body in the petitioner's family plot in the Karnei
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
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Shomron Cemetery in Karnei Shomron, Israel next to our mother .
6. This application to the court for an order granting permission for such removal of the
necessary because the Ferncliff Cemetely Association has declined to give consent to
body is
such removal without an order of the Court and many of the family members now live in Israel.
It is our families wish that we some day many in our family including petitioner will be buried
next to our parents in Israel.
7. The family had made no plans prior to our father's death for the place of interment in
Israel, My mother Carol Herman recently passed away (see Exhibit "B") and it was her desire
and wishes that her late husband and our father be buried next to her in Israel.
"C"
8. Such request is with consent of decedent's children. Annexed hereto as Exhibt is
the consent of all of the decedent's children Paul Herman, Ann Gottlieb and Charles Herman.
9. The persons interested and entitled by law to notice of this application in the absence
of a consent to the removal of the body is the following:
a. The Ferncliff Cemetery Association located at 280 Secor Road, Hartsdale, New York, 10530
which owns and operates the cemetery in which the body is interred.
b. Paul Herman located at 31 First Neck Lane, South Hampton, NewYork 11968, Anne Gottlieb
located at Hanachal 84, Karnei Shomron, Israel 44855 and Charles Herman located at 3 Eliyahu
Lankin Street, apt 11, Jerusalem Israel are the surviving children of George Herman and Carol
Herman. They consent to the removal of the body as prayed for herein and their consent in
writing, duly acknowledged is hereto annexed.
c. The NewYork State Cemetery Board, pursuant to N-PCL Sec. 1515.
"9"
10. The persons named in the sub-paragraphs of paragraph of this petition constitute
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
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all of the persons interested in this proceeding. The persons mentioned in subparagraphs (9b )
constitute all surviving children of the deceased of full age and under no disability.
11. In conclusion, I respectfully submit that the relief requested by me be granted so that
my family will be together in death as they were in life.
12, No previous application has heretofore been made for the relief herein sought.
WHEREFORE,
the petitioner requests an order permitting and directing the disinterment
of the body of her father George Herman from the Ferncliff Cemetery and removal of the same to
the family plot of the petitioner in the Karnei Shomron Cemetery in Karnei Shomron, Israel.
DATED: Garden City, NewYork
June 6, 2024
JO ATHA ItKOLL
JON THANE. IAA,AS) Q
8 Doctorate (a9, PhD.EdO)or
Q
3 [EHighachool graduateor GED B Bachelors degree (aÚ BA,AB,BS) Ptolessionaldecrea (ag , MD,DDS,DV¾1.L.B,0D)
15.Ever in U S. 16 MaritaPPar100mhipSimbs AAdmeof death 17. SolvMng Spouses/Partners Name(priorlof fratroarriage](Mrst,Middle,Last)
ArrnedForces? O
1 Marded 20 DomeslioPartnership 3 DNorced Q
4 OMarded, but separated 6 ONeverMarded a RIW lo d
7 OOther,Speedy ' '
a Unknown O I d
16. Faihor/ParentNarno(Prlor to first marriaga) (First MIddle,Last) 19.Mo1hertParentNema(Pdar to Frsl rnardage)(F rat Middle Last)
Charles Winston Gerturde Cpwan
20a tr/ormanrs Narne 20b RelationshFpto Decedent 20a Addreas (Strael and Number Apt. No CIly & State ZIP Code)
Paul Herman Son 31 First Neck Ln Southampton, NY 11968
2ta Method of Disposibon 21b Place of DIspostilon(Narneof cemetery,crematory.ather place)
B
1 Bunal 2OCremation 3 OEnlombment 4 Q01tycemetery
sociher spec ry Kernel Shomron Cemetery
2 tc. tacahonof DisposNgn(City& S1a1aorForeignCounty) 21d. Date of mm dd yyyy
Disposibon
Kamel Shamron, Israel 04 10 2023
22a FuneralEstablishment 22b Address (Sheetand Number City & State ZIP Codo)
Yerelm Orthodox Chapel 93 Broadway Brooklyn, NY 11249
No Correction History?"
vms (nov.o1ae)
EVT202304169575 April 7, 2023
.
This Is to cerilly that the foregalog Is a true copy of a recordon lile (a the 00partment of Health
and MentalHygiene.TheDepartmentof HealthandMentalHygienedoesnot certify to the truth of ..
the statementsmadethereon.as no inquiry as to the facts has boonprovided by law' Gretchen Van Ph CFiv R strar
featureslisted on the back.Reproduction
DP not acceptthIs transcript unlessIt 1)earsthe security
or alterational this transcript is prohibited by §3,19(b) of the NewYork C[ty Health CodeIf the I l l 1111 11111
purpose is the ovaslanor violation of any provision of the HealthCodeor any other law.
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EXHIBIT C
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
FORREMOVALOFBODYFROMCEMETERY
CONSENT LOT
I, PAULHERMAN,being of full age, and son of GEORGE
HASKELLHERMAN,deceased
and the owner of Lot No. 23 C in Ferncliff Cemetery, hereby consent to the removal of the body
of the said HASKELLHERMANfrom
GEORGE Lot No. 23 C in Ferncliff Cemetery, to be
re-interred in Karnei Shomron Cemetery in Karnei Shomron, Israel.
Dated,
PAULHERMAN
Sworn to before me this
dayof , ÃŽ , 2024
NoDry lic
JOHNG CARLOVICH
PUBLIC-STATE OF NEWYORK
NOTARY
No. 01 CA6412103
Qualified in NewYork County
M.y
Commission Expires12-14-2024
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
FORREMOVAL
CONSENT OFBODYFROM
CEMETERY
LOT
I, ANNEGOTTLIEB, being of full age, and daughter of GEORGE
HASKELLHERMAN,
deceased and the owner of Lot No. 23 C in Ferncliff Cemetery, hereby consent to the removal of
the body of the said GEORGE
HASKELLHERMAN
fiom Lot No. 23 C in Femcliff
Cemetery, to be re-interred in Karnei ShommnCemetery in Kamei Shomron, Israel.
Dated,
ANNEGOTTLIEB
Swornto befo1e methis
day of Mamb(2024
Notary Public
O O
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
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42/2024 42/2024 nmo'on
Fonn No. 1 1 'on omo
AUTHENTICATION
OFSIGNATURE hD)hh hib N
I,the undersigned, Menashe Kampler 592 linon ,15Dap nw3n non oinnn DN
Notary holding license no. 2053135 hereby
9th
9/4/2024 Olu D 7wND2053135 19on 11)wn
certify that on April 2024 appeared o nepn 7370 'n7 lynne n7won no) nasu
beforeme at my offices located at 2 PNnWN12
,039388772 150
Marvard HaKsamimSt., Rosh Haayin, IN n7n m.kamplerlaw@gmail.com
Israel Ms. Anne Herman Gottlieb. 3>5on an,n
¡ who is known to me personally VEN 191N2 15 n1mo
whose identity has been proven to me by 1900 3"D1N ID17 >D by )> nn3)n OnirBw
USAnumber 519221389 issued on
passport April 2023 24 oin pannw 519221389
24 April 2023
And I am convinced that the person nN5Dn32n mun >D95 D3sun D )ny)mw1
standing before me understood fully the wmnnnns70 nunm nblynn mynwnnN
U
significance of the action and voluntarily A-B 19on / mN2inionm q7ison loonn by
signed the attached document marked with
the letter / number
In witness whereof I hereby authenticate the a boulmn 18 n,D be nnn$nn nNDDNDUN iPN75
signature of Ms. Anne Herman Gottlieb by 9/4/202ri5% , ninal )-n nn>nna
my own signature and seal this day July 9th,
2024
Notary fee 3.03 NIS .oswin of pw 303 unen 7ow
Notary's Seal gnature
2019 7N1D : IbTy 7yla 5WMM) DNS100- poN bW0100Dn$5)nD my pmnM ']DUD
bh93 P10 Q¶y EDW5
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
409/2024 'em
hD th M10W
AUTHENTICATIONOFSIGNATURE
2024 )ND2 05 0P3 19DD19WD593 11hDu ,5NT1ty nlu 7"19 ,D"nn uN
D M1WND,213214
by )5 nn31n inimW 1D10 051N'3 1D ,0)5W11) 38 110)n i1p I1 31'33 $11WD2MD523D
18.05.2021 opa ousn T1WD $T) by np931nvJ 326806346 190D m5NSW) DT1ND )D mm
DoDn by )Wolnn u131D onni n5iyan myDWD DNnN5D ann ))2n DB2 33Dn D inyD1W1
.nnayn nSW3 ilyn 'N D1N3]D100011713Dn
>ND2 05 oPn 3Dmn31n) nonn3 oblN'3 )D1n 10 5W inmhn DN nnDNDmn mN151
.2024
I the undersigned, Nira Azriel, Notary holding license no.213214 hereby certify that on
the 05.05.2024 appeared before me at my offices at the address 38 Keren Hayesod
Street, Jerusalem, Mr. Charles Herman whose identity has been proven to meby Israeli
ID card number 326806346 issued by the Ministry of Interior on May 18, 2021 and I am
convinced that the person standing before meunderstood fully the significance of the
action and voluntarily signed the attached document marked with the letter A.
In witness whereof, I hereby authenticate the signature of Mr. Charles Herman by my
own signature and seal this 05.05.2024.
Notary fee 217.62 NIS
rH 217.62 Toa (D"y D 550) OMW12
NIRA AZRI EL
O
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
OFBODYFROM
FORREMOVAL
CONSENT CEMETERY
LOT
I,
CHARLESHERMAN,being of full age, and son of GEORGE
HASKELLHERMAN,
deceased and the owner of Lot No. 23C in Ferncliff Cemetery, hereby consent to the removal of
the body of the said HASKELLHERMAN
GEORGE from Lot No. 23C in Ferncliff Cemetery,
to be re-interred in ) CYP) f 003 Israel.
Dated,
(Signature)
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 03:25 PM INDEX NO. 63645/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
N RA AZR EL
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