Statement from Tom Ehman on Alinghi's denied Stay Application
[Source: BMW Oracle] The Appellate Division in New York has rejected the Swiss defender’s request to freeze last week’s Supreme Court decision that Ras Al Khaimah (UAE) did not comply with the Deed of Gift for the 33rd America’s Cup.
Golden Gate Yacht Club said Ras Al Khaimah was wrong all along. The Supreme Court said it was wrong last week. And the Appellate Division said no to a Stay today. The message is clear. But is anyone at Société Nautique de Geneve and Alinghi receiving it?
SNG/Alinghi will try one more time to have Ras Al Khaimah re-installed in a fast-track expedited Appellate Division application due to be heard in the coming weeks.
The race dates for the 33rd America’s Cup remain unchanged, commencing February 8th, 2010.
Justice Kornreich ruled from the Supreme Court bench on Wednesday October 27 that Ras Al Khaimah was not Deed-compliant. There will be a further hearing before her this Friday. The Court will determine if Valencia (Spain) is confirmed as the venue – as both sides had previously agreed to this in Court - or if SNG/Alinghi can still choose a Deed-compliant location in the Southern Hemisphere despite the expired six month notice of the venue that the Defender is required to give the Challenger.
For two years Alinghi has attempted to turn the America’s Cup into the Alinghi Cup. For the ninth time, the Court has said no.
GGYC remains more determined than ever in its efforts to return the America’s Cup to an equitable competition with normal rules and procedures.