The SNG propose to file an appeal with the New York Appellate Court 16/4/08
The Societe Nautique de Geneve (SNG) has announced that it proposes to file an immediate appeal with the New York Appellate Court in order to accelerate the current America’s Cup legal process.
In an attempt to obtain a swift resolution, an expedited process was requested, together with a motion to stay the case, in order to suspend the implementation of Justice Cahn’s previous order until the Appellate Court rules.
In line with standard legal practice, if the motion to stay and the expedited appeal process are granted, the Appellate Court could issue an order before the end of the June term.
Lucien Masmejan, SNG’s lead counsel, explained: “Our sole objective is to race in a competitive America’s Cup Match. We have stated our desire for a fight on the water sometime after May 2009, but GGYC (Golden Gate Yacht Club) continue with the destructive strategy that has already eliminated all other challengers. They also refuse to provide the required information on their boat so in order to have a competition in 2009, worthy of the America’s Cup, GGYC’s obstructive tactics leave us no choice but to appeal to achieve our objective.”
“We believe that the precedent set by the Mercury Bay Case in the eighties is supportive of the content of our appeal and look forward to the Appellate Court resolving matters in a timely manner.”
The GGYC said that further legal attempts by the defender to delay the next America’s Cup Deed of Gift match are regrettable and the club will be doing everything it can to ensure the event remains on track.
“Buried within the legal language of this press release it appears clear that the defender is unsatisfied with Justice Cahn’s decisions and now intends to file an appeal,” Tom Ehman, the club’s spokesman said today responding to a press statement issued by the defender who have filed further papers with the New York State Supreme Court.
“This appears to contradict any number of assurances given by Alinghi officials and lawyers that they would not appeal. Unfortunately it is also consistent with their preference from day one to do anything to avoid a boat race. From the outset the defender appears to have only wanted to race in a competition that is held entirely on its own terms. But we remain committed to the Cup proceeding in 2008 in accordance with the rules that apply to all teams. We will be doing everything we can to quickly move this process forward.”
Ehman said It was unfortunate the defender had chosen to wait to lodge this appeal as a decision from Justice Cahn setting the date for the next match was expected any day.
The latest evolution of the America’s Cup legal case has today seen Justice Andrias from the Appellate Division of the New York Supreme Court ruling in favour of the Defender’s request to expedite the appeal process with all briefing to be completed by 15 May 2008. Oral arguments will then be heard during the June term hopefully followed by a prompt decision.