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It's a busy time of the year for Old Westbury Hebrew Congregation with a number of Bar and Bat Mitzvahs scheduled. But instead of reaping the benefits of an eventful season, the synagogue is facing financial losses due to a dispute with its missing-in-action caterer.

In short, V.I.P. Caterer has left Long Island and returned to its company base in Florida. The dispute arose when the synagogue and the caterer had, according to Old Westbury's attorney, a "parting of the ways" earlier this year over certain fund raising and expansion plans.

The synagogue attempted to terminate its contract with V.I.P. and hire a new caterer. The caterer, in turn, went to court to obtain a temporary injunction. That injunction was granted this summer by New York State Judge Tom Adams.

Since then, the synagogue has suffered substantial financial losses, in addition to being unable to provide basic services to its congregants. According to Old Westbury President Roger Fisher, the caterer has vacated the premises and cannot be reached by phone. Before leaving, he removed "all items of any value" from the kitchen, leaving it "saddled with violations and [with] an office that is literally shell-shocked." Indeed, the county has issued up to nine health violations against the synagogue. Mr. Fisher estimates that repair costs to the kitchen, office and ballroom will come to as much as $41,500.

Because the synagogue can no longer serve many of the needs of its congregants, it has had no rental income since May, causing it to lose $25,000 in income. Furthermore, with up to 50 Bar and Bat Mitzvahs upcoming, the synagogue remains virtually paralyzed, unable to perform the necessary functions that can only come with the help of a caterer.

Worst of all, the inability to help their congregants celebrate this important of all events in a Jewish youth's life is costing Old Westbury the allegiance of many loyal congregants. The synagogue, Mr. Fisher claims, is being held hostage without access to a caterer. "This caterer....is blatantly bankrupting our synagogue," Mr. Fisher said.

However, Judge Adams, in his ruling, did determine that the caterer had paid his bills, left the kitchen in a clean condition and that the synagogue cannot terminate his license or find a new caterer.

Old Westbury is appealing Judge Adams' decision. The synagogue has been in negotiations to buy out the V.I.P. contract and thus be free to find a new caterer. The judge has 60 days from the time his Aug. 19 decision was made to consider the appeal. But in the meantime, the synagogue continues to lose money and congregants.

"It is unfortunate that our court system is so clogged that judges can't get to important cases in a more timely fashion," said Ken Kirschenbaum, an attorney for Old Westbury.




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