(New York, 15 April 2008)
Justice Andrias also decided that SNG’s request for a stay should be
referred for consideration by a five-judge panel of the Appellate Division.
Briefing on the stay motion will be completed by 25 April 2008.
Lucien Masmejan, lead counsel for the SNG, commented, "We are pleased with
this decision and feel that it confirms that our decision to appeal was
correct and taken at the appropriate time. The decision of Justice Andrias
to expedite the appeal process was hugely significant to us as it means that
the case will be fast tracked through the appeal process enabling us to
return the America’s Cup to the water without further delays."
"We look forward to addressing the matter of staying the case before the
five Justices from the Appellate Division in due course as it is important
to ensure that significant sums of money and resources are not wasted upon
preparing for a defense that is voided before we take to the water."
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
favor of the Defender Société Nautique de Genève’s (SNG) 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.