Affidavit of Randall L. Bauer

SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION - SECOND DEPARTMENT
_______________________________________________X

Sam Sloan,
AFFIDAVIT
Petitioner-Appellant,
Index No. 2004-7739
against-
Appellate Case: 2005-3754

Bea Marinello, Tim Hanke, Stephen Shutt, Elizabeth
Shaughnessy, Randy Bauer, Bill Goichberg, Kenneth
M. Chadwell and United States Chess Federation,

Respondents.

________________________________________________X

STATE OF IOWA )
)SS.:
COUNTY OF POLK )

Randall L. Bauer, being duly sworn, deposes and says:

1. I am currently a member of the Executive Board of the United States of America Chess Federation ("USCF"). I was certified as an elected member in August 2004.

2. I reside and work in the State of Iowa. I have never lived or worked in New York State.

3. I have never been present in New York State on any business on behalf of USCF.

4. I was never served by a process server in Iowa with Mr. Sloan's order to show cause, affidavit and petition from November 2004 he filed in the lower court. I did not receive a copy in the mail.

5. I understand that Mr. Sloan has made allegations as to me in his current court papers. Mr. Sloan states that a motion I made was passed in February 2005 allowing the rejection of late statements, and that my own petition for reelection was allowed late. These statements are untrue. My motion established a framework to follow if the Secretary of the Executive Board was to consider exceptions to the late filing of candidate statements. My "motion" was entitled "EB-37", which passed, establishing the procedural requirements for consideration of any late submissions. A copy of the passed motion is annexed as Ex. "E". Regarding my own candidate petition to be certified as a candidate for the executive board, it was received by the deadline established, and the required $250 check in payment was mailed separately, however, to meet the established deadline, I made a credit card payment for the required fee by the deadline.


___________________________
Randal L. Bauer


Sworn to before me this
26 day of April, 2005.


Judy K. Meyer
_________________
Notary Public
10-29-05

RIDER, WEINER & FRANKEL, PC.
P O. BOX 2280 NEWBURGH, N. Y. 12550 (845) 562-9100

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