New York – Non-Member of Synagogue Wins Court Case to Place Headstone in Their Cemetery

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    Flag this message sign on the grave of Joseph Chuckrow indicates that no headstone should be placeNew York – A family took a dispute with a synagogue on burying their father all the way to court. And even though they won, the fighting has not stopped.

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    On May 11, 2007, the Chuckrow family tried to bury Joseph Chuckrow of Colonie, who died on that Friday.

    Mr. Chuckrow, who, in accordance with Jewish tradition needed to be buried right away, had a cemetery plot at Temple Beth El in Troy purchased by his wife’s parents in 1961. But literally hours after he died, synagogue officials were demanding that the Chuckrow family pay an additional $5,000 in “non-member” fees and another $700 for plot maintenance or he would not be buried.

    At the time, Joseph’s son Benjamin, of Ballston Spa, said he felt like he had a gun to his head.

    The family wrote a check for $5,700 and placed the words “under duress” on the memo line. The burial went forward, and then the family stopped payment on the check.

    The synagogue sued them, threatened to exhume Mr. Chuckrow’s remains, and threatened them with arrest if they attempted to visit his grave, and placed tape around the grave site. It looked like a crime scene, family members said.

    The Chuckrows sued in Albany County Surrogate’s Court, and, at the end of March, they won and the synagogue lost.

    The decision, written by Surrogate’s Court Judge Cathryn Doyle, says that there was no evidence that Temple Beth El notified the Chuckrow family that the non-member burial fees jumped from $500 to $5,000 in 2003, and since the family had a deed for the burial plot, the synagogue cannot collect.

    Futhermore, Judge Doyle wrote, Congregation Beth El needs to provide the Chuckrows “unfettered access to the Congregation’s cemetery.”

    But it didn’t prevent a scene when Benjamin Chuckrow and his family attempted to place a headstone on Joseph Chuckrow’s grave.

    The Chuckrows showed up with guys from the monument company who were actually going to lay the stone, as well as with their lawyer, a reporter from The Jewish World newspaper, and Judge Doyle’s court order.

    They were met at the cemetery by a representative of the congregation, who called the police. That was just about the best thing that could have happened for the family.

    The Troy police arrived a few minutes later. A police officer looked at Judge Doyle’s order and told the synagogue official to step aside. The family was able to give Joseph Chuckrow’s grave the honor it deserved.

    Now, the only open question is whether the Chuckrows will be asked to pay the $5,000 fee for other family members who will be buried in the family’s plots.


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    48 Comments
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    Anonymous
    Anonymous
    14 years ago

    Now this is what I call grave robbers!

    mamash
    mamash
    14 years ago

    What a chillul Hashem
    May he rest in peace.

    yossi
    yossi
    14 years ago

    WOW…how come they didnt come with a helicopter to put the stone….

    gammasoft
    gammasoft
    14 years ago

    It’s expensive to live. It may be even more expensive to die. Really, — death has become a big business in the US. For the funeral home, for some Shuls and some members of clergy. Will the poor folk go back to putting their dead on the side of hte road because it has become too expensive?

    May the met (or you might say mais) rest in peace.

    Yitzchok
    Yitzchok
    14 years ago

    I had a similar incident with the Tzeilimer Chevra Kiddisha a number of years back and only after many arguement and theats did they refund the money they demanded before they would bury my father.

    SamInBocaRatonFlorida
    SamInBocaRatonFlorida
    14 years ago

    Kudos to #3. Shame on this congregation, like the mafio. Why the the exorbitant increase in fee, from $ 500 to $ 5,000. Whose pocket linings would this increase fill ?!?

    Anonymous
    Anonymous
    14 years ago

    You would think that when you deal with a frum, chassidish Chevra they would treat you fairly, however it is not that way. They are just as corrupt and maybe worse. Something must be done to prevent this thievery.

    Anonymous
    Anonymous
    14 years ago

    Here in brooklyn some of the “frum” funeral homes are doing the same thing putting a gun to your head when you have no choice. Thank G-D that a new funeral chapel opened in Boro Park some years ago. With the competition it is somewhat a controlled Mafia.

    Anonymous
    Anonymous
    14 years ago

    There should be laws to prevent things like this from happening. While it might make sense to allow a reasonable non member fee to be charged when a grave is sold to a non member, it should definitely be against the law to charge this fee to a family that already owns the grave. it also seems like $5,000 is an exorbitant non members fee, and might make it difficult for those who have plots they wish to sell to be able to sell them.

    Anonymous
    Anonymous
    14 years ago

    disgusting, the “synagogue” should be ashamed of themselves.

    Anonymous
    Anonymous
    14 years ago

    A sad story, it is just amazing how many situations in our communities are about money, where are our leaders are they benefiting from these overcharges??

    Anonymous
    Anonymous
    14 years ago

    I don’t know why everyone is so surprised. This cemetary/chevra/funeral home is a business just as any other racket in the heimish community. We overcharge fo kosher food, we run Chinese auctions to entice people who can’t afford it, we support Rebbes who love $$$$$ and we steal from the dead. Accept it or don’t die.

    Anonymous
    Anonymous
    14 years ago

    Maybe we should get Dov Hikind or Simcha Felder to take up this cause. The way it is now you can’t afford to live and you can’t afford to die.

    Anonymous
    Anonymous
    14 years ago

    # 13 Agreed its all about greed from top to bottom……that’s why there is no trust in our supposed leaders….

    Anonymous
    Anonymous
    14 years ago

    I was recently at a funeral in BP and one of the family asked me to lend him money to pay the bill. Although the deceased was a long time member of the chevre they wanted $2000.00 extra for misc expenses. They wouldn’t proceed without the money in advance. Shameful. How low can you go.

    Anonymous
    Anonymous
    14 years ago

    unfortunately the funeral bussiness is not a dead one. It starts in the hospital where you have people coming in the guise of bikur cholim and try to push you to use a certain funeral home even if you wanted to go to one which more affordable. We
    need form a committee to look into the dealings of these organiations. Some of the old timers die and the younger generations have no idea what they wrote at the time someone purchased a plot. deed smeed they just marked the map with xes

    Call them!
    Call them!
    14 years ago

    Temple Beth El
    411 Hoosick Street, Troy, NY 12180
    (518) 272-6113
    (518) 272-6151 (fax)

    boruch
    boruch
    14 years ago

    There is such a thing as pre-planned funerals where you pay in advance and have a contract stipulating exactly what you get and nothing need be paid at time of death. Does anyone know if such a thing exists in our community and where you can get in touch with this organization.

    Anonymous
    Anonymous
    14 years ago

    Beware of cemetaries with unionized workers. We had everything pre-planned, then had to come up with an unexpected $2000 on the day of the burial. Why? The union gets overtime for legal holidays!!!!!!

    avi
    avi
    14 years ago

    the shul should be ashamed of themselves!! where is kavos hames?

    Anonymous
    Anonymous
    14 years ago

    the family should be ashamed of themselves!! where is kavos hames? what sull did they attend that they don’t know the new rules. and there are always the option to be buried by chesed shel emes free of any charge.

    Anonymous
    Anonymous
    14 years ago

    In monroe a non member paid $11500 before pesach if a member buys at life the plot cost 4k ± membership ± chapel fee$1700 ± burial fee$500

    Isaac
    Isaac
    14 years ago

    Can anyone post the name of an honest and reliable Orthodox Chevra Kiddusha.It’s impotant for people to know who the reliable ones are so that you don’t pay dues your whole life and then your hiers get ripped off. Thank you.

    eddie
    eddie
    14 years ago

    In the UK one pays through the shul every year, and at death money is not mentioned. if someone has not paid, then they will bury without talking about money but will not let a stone go up till the family have paid for burial. if people don’t like it, it is tough. no stopped them becoming a member when they were alive.

    Anonymous
    Anonymous
    14 years ago

    our rabbi’s sure no how to scream about a show, attack cell phones but kashros problems and this not a peep way to go and you wonder why we r lossing respect for them

    Anonymous
    Anonymous
    14 years ago

    Calm it fellows, think about the other party!
    Who cuts the grass, cleans the litter, provides lights & service for the next 100 years (May Moshiach Come)?
    Even if you own the plot, you have to pay for the services, otherwise you will end up with a dilapitated grave. It’s like condo fees, but the only way to collect it is up front!
    Members get it cheaper, as ut is expected for future members to keep up the graves of former members, just like the former members kept it up for the ones before them. That is what membership is about.

    Allan
    Allan
    14 years ago

    In reply to #43 yes there are privately owned Jewish cemeteries, I know because I personally met the owner of the one where several of my close relatives are buried and the gentlemen wasn’t even Jewish but is respectful to Jewish laws. I have never had any issue with that cemetery. My issue is with the so-called Jewish named funeral homes that cater to the less orthodox communty. Many(but not all) are owned by major corporations located in several states far away from the NYC area and have business practices that are disgusting. They are just hungry for the almighty $$ and care little of anything else until or unless they are caught. I speak from first hand knowledge because when my late mother passed away I was actully the victim of them not honoring the printed contract. They prey on the greiving and hope that you won’t read the fine print. Also be careful with the so-called pre-paid funerals being offered…read the fine print ..they made my late father inlaw pay extra at the time my mother inlaw passed on saying that a rise in the charges thought to be already paid is in the contract. These folks are the scum of the earth with nice black suits and a phony smile on their faces. One last but important thing …for those wishing to provide a casket from an outside source (let’s say via an internet seller at a much lower price) United States law says that the funeral home must accept the casket and impose no extra charges upon the family member making the arrangements. The profits made by the funeral industry on caskets is huge and even the most basic casket used by the frum is over marked up.