OCN-L-002164-21 09/03/2021 5:18:12 PM Pg 1 of 2 Trans ID: LCV20212049988

Adam Pfeffer, Esquire – 004322006

LEVIN, SHEA, PFEFFER & GOLDMAN P.A.
2110 West County Line Road
Jackson, NJ 08527
Phone: (732) 364-7333
Fax: (732) 367-4860
Attorney for Defendant

TOWNSHIP OF BRICK, SUPERIOR COURT OF NEW JERSEY

OCEAN COUNTY- CIVIL PART
Plaintiff,

vs.

DOCKET NO.: OCN-L- 2164-21

CONGREGATION KEHILOS YISROEL,
INC.,

Defendants NOTICE OF MOTION FOR REMOVAL TO

CHANCERY DIVISION

To: Ronald D. Cucchiaro, Esq.

Weiner Law Group LLP
331 Newman Springs Road, Bldg. 1, Suite 136
Via: E-filing and email: rcucchiaro@weiner.law

PLEASE TAKE NOTICE that the undersigned, attorneys for Plaintiff, will apply to the

above named Court at the Superior Court of New Jersey, Ocean Vicinage, 120 Hooper Ave,

Toms River, NJ 08753, immediately or as soon as thereafter as counsel may be heard for an

order for removal of this action to the Chancery Division.

In Support of this motion, support will be placed upon the attached Certification of

Counsel.

Pursuant to Rule 1:6-2, oral argument is requested.

Pursuant to Rule 1:5-3, I certify that the original of the within motion has been filed with

the Clerk of Ocean County and a copy has been served upon the respective attorneys or Parties at

their last known address as indicated above.

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Attorney for Defendant

By: /s/ Adam Pfeffer

______________________________
Adam Pfeffer, Esq.
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Adam Pfeffer, Esquire – 004322006

LEVIN, SHEA, PFEFFER & GOLDMAN P.A.
2110 West County Line Road
Jackson, NJ 08527
Phone: (732) 364-7333
Fax: (732) 367-4860
Attorney for Defendant

TOWNSHIP OF BRICK, SUPERIOR COURT OF NEW JERSEY

OCEAN COUNTY- CIVIL PART
Plaintiff,

vs.

DOCKET NO.: OCN-L- 2164-21

CONGREGATION KEHILOS YISROEL,
INC.,

Defendants ORDER

This matter coming on the application of Adam Pfeffer Esq., attorney for Defendant, and for good

cause having been shown,

IT IS, on this ________ day of ______________, 2021 ORDERED:

1. This matter shall be removed from the docket of the Law Division and transferred to the docket

of the Chancery Division.

2. Defendant’s time to answer shall be extended until such time as shall be set forth by the Chancery

Division.

__________________________

J.S.C.
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Adam Pfeffer, Esquire – 004322006

LEVIN, SHEA, PFEFFER & GOLDMAN P.A.
2110 West County Line Road
Jackson, NJ 08527
Phone: (732) 364-7333
Fax: (732) 367-4860
Attorney for Defendant

TOWNSHIP OF BRICK, SUPERIOR COURT OF NEW JERSEY

OCEAN COUNTY- CIVIL PART
Plaintiff,

vs.

DOCKET NO.: OCN-L- 2164-21

CONGREGATION KEHILOS YISROEL,
INC.,

Defendants CERTIFICATION

I Adam Pfeffer, Esq. of full age, hereby certify as follows:

1. I am an attorney at law in the State of New Jersey and Partner at the Law Office of Levin Shea

Pfeffer and Goldman, counsel for Defendant.

2. The complaint and Order to Show Cause (“OTSC”) in this matter was filed on August 20, 2021.

See Court Docket.

3. Plaintiff served the Defendant and filed the proof of service on Wednesday, August 27, 2021. See

Court Docket.

4. Plaintiff’s complaint seeks a preliminary injunction, and a declaration of certain fines against the

Defendant. See, Plaintiff’s complaint.

5. As evidenced in Plaintiff’s brief accompanying its filing, the primary reason for the complaint

and OTSC is because Plaintiff is seeking a preliminary injunction. Plaintiff certainly does not

need to file an action with the Superior Court to assess fines for zoning violations.

6. Since the primary relief sought by Plaintiff is an injunction against the Defendant, this action is

primarily equitable in nature.

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7. Per the Rules of Court, 4:3-1 et seq., actions that are equitable in nature are to be filed in the

Chancery Division, not in the Law Division.

8. Therefore, I now file this motion to remove this matter from the Law Division, and to transfer the

matter to the Chancery Division.

9. Additionally, the Defendants in this matter as well as myself and my firm, observe the Jewish

holidays that are spread throughout the next several weeks. For the Courts reference, below is a

calendar setting forth the upcoming Holidays.

10. As is evident from the above, my availability in the upcoming weeks in extremely limited.

11. To that end, I further request reasonable accommodations from the Court to allow for time for

myself to properly respond to Plaintiff’s OTSC.

12. However, just as a summary, and as shall be set forth further in a future response, many of

Plaintiff’s allegations are misleading or just plain false.

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13. For example, contrary to the Plaintiff’s allegations, there is no imminent threat of harm to anyone

in this building. The building in question was built and maintained for occupancy of many more

people than the school currently has occupying the building.

14. Furthermore, the building has been used as a Jewish day school and nursery for many years. It is

our position that the current use as a school has already been “grandfathered” in.

15. Nevertheless, rather than litigate this matter, we are in the process of submitting an application to

the Planning Board for use of the building as a school; which, I note, is a permitted use in the

zone.

16. Contrary to Plaintiff’s assertions that we have simply ignored the alleged violation, we have

already retained an engineer to prepare plans for the proposed use, and have requested expedited

service for same. I have also been in contact with the Township and advised of same.

17. Therefore, the sense of urgency and panic that Plaintiff attempts to convey throughout his filing is

simply manufactured and incorrect.

18. Quite the opposite, displacing a school of over a hundred teenage children, without an actual

showing of any real risk, would be far more harmful and unsafe than allowing the school to

remain while this matter is resolved.

19. Therefore, as set forth above, I request that this matter be removed to the Chancery Division for

all future proceedings. I further request that the Court order state that the return date for the

OTSC be re-set by the Chancery Division to reflect the upcoming Holidays.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing

statements made by me are knowingly and intentionally false that I am subject to punishment.

LEVIN, SHEA, PFEFFER & GOLDMAN P.A.

Attorneys for Defendant
By:__/s/ Adam Pfeffer_____________________
Adam Pfeffer Esq.
September 3, 2021
 OCN-L-002164-21 09/03/2021 5:18:12 PM Pg 1 of 2 Trans ID: LCV20212049988

Adam Pfeffer, Esquire – 004322006

LEVIN, SHEA, PFEFFER & GOLDMAN P.A.
2110 West County Line Road
Jackson, NJ 08527
Phone: (732) 364-7333
Fax: (732) 367-4860
Attorney for Defendant

TOWNSHIP OF BRICK, SUPERIOR COURT OF NEW JERSEY

OCEAN COUNTY- CIVIL PART
Plaintiff,

vs.

DOCKET NO.: OCN-L- 2164-21

CONGREGATION KEHILOS YISROEL,
INC.,

Defendants LEGAL BRIEF

INTRODUCTION

For purposes of the current motion to remove, I will limit my legal argument to the

specific issue of proper venue for this action, and beyond what is stated in my certification, I will

not respond, to the Plaintiff’s allegations.

LEGAL ARGUMENT

“Actions in which the plaintiff's primary right or the principal relief sought is equitable in nature…,

shall be filed and heard in the Chancery Division, General Equity, even though legal relief is demanded in

addition or alternative to equitable relief.” N.J. Ct. R. 4:3-1.

As set forth in my Certification, Plaintiff’s primary remedy sought in this matter is an injunction

against the Defendant, which would enjoin the Defendant school from the use of its building. It is well

settled that an injunction is considered equitable relief. See Abbott Labs. v. Gardner, 387 U.S. 136, 154,

87 S.Ct. 1507, 1518, 18 L.Ed.2d 681, 694-95 (1967) (“The authority to issue injunctive relief falls well
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within the discretion of a court of equity”); see also Van Name v. Federal Deposit Ins. Corp., 130 N.J. Eq.

433, 442-43, 23 A.2d 261 (Ch. 1941) (noting that "granting or refusal [of an injunction ]… is the strong

arm of equity."), aff'd, 132 N.J. Eq. 302, 28 A.2d 210 (E. A. 1942); see also Horizon Health Ctr. v.

Felicissimo, 135 N.J. 126, 137 (1994). (“It is firmly established that the authority to grant injunctive relief

is within the province of the Chancery Division.”)

Therefore, the current matter should be heard in the Chancery Division and not in the Law Division

of the Court.

Rule 4:3-1(4)(b) further states that an action may be removed from Law Division to the Chancery

Division by motion, per the procedure set forth in Rule 4:3-4.

Therefore, I respectfully request that the current action be removed from this Court and transferred to

the Chancery Division. I further request that Court order state that the return date for the Order to Show

Cause be extended, as per the reasons set forth in my certification, and a new date shall be set by the

Chancery Division.

Respectfully submitted,

LEVIN, SHEA, PFEFFER & GOLDMAN P.A.

Attorneys for Defendant
By:__/s/ Adam Pfeffer_____________________
Adam Pfeffer Esq.
September 3, 2021
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CERTIFICATION OF SERVICE

I do hereby certify that on this date, Defendant’s Notice of Motion, with supporting documents,

was filed via the New Jersey eCourts Civil electronic filing system and via email for service on:

Ronald D. Cucchiaro, Esq.

Weiner Law Group LLP
331 Newman Springs Road, Bldg. 1, Suite 136
Via: E-filing and email: rcucchiaro@weiner.law

By: /s/ Adam Pfeffer

______________________________
Adam Pfeffer, Esq.