BMW Oracle: Court expedites appeal; denies Alinghi bid to stay proceedings
[Source: Golden Gate Yacht Club] Valencia, Spain, 15 April 2008: The Golden Gate Yacht Club (GGYC) said today it was very pleased that the Appellate Division of the New York State Supreme Court, with agreement of the parties, decided to expedite the appeal filed yesterday by Société Nautique de Genève (SNG)/Alinghi. GGYC was also pleased that the defender’s motion for an interim stay of Justice Cahn’s March 17th order (confirming that GGYC is the valid challenger of record) was denied.
“This is a good result for getting on with the match and getting back to a conventional Cup,” Tom Ehman, the club’s spokesman said.
In a hearing in New York City today, the court set dates for the parties’ briefing of the merits of the appeal and set the appeal for disposition in the Court’s June, 2008 term. It also set a briefing schedule should SNG/Alinghi seek to pursue its request for a stay to a full panel of five Justices of the Court.
Progress towards the next Cup will not be interrupted by this legal process. An order from Justice Herman Cahn on the date for the match is expected any day, and the GGYC expects this will be for a match in October 2008.
“This defender doesn’t want to enter any race they can’t run entirely on their own terms. Today they unsuccessfully tried another stalling tactic. We are very pleased that the court told them ‘no’,” Ehman said.
In December Alinghi had hired multihull experts and Ernesto Bertarelli had said he was “200%” committed to preparing for a 2008 race, but for whatever reason they now wanted the courts to allow further delay.
“So far the defender has taken its arguments to court twice and lost both times. We remain confident these continued attempts to stall will also be rejected, and that the courts will uphold a race according to the ten-month notice period set out in the America’s Cup Deed of Gift,” Ehman said.
The GGYC was also pleased that the appeal process will be speedy, Ehman said.