Marinello Case: Notice of Cross-Motion to Dismiss

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
__________________________________________

SAM SLOAN,
NOTICE OF CROSS
MOTION TO
DISMISS PETITION

Petitioner
Index No. 2004-7739
-against-

BEATRIZ MARINELLO, TIM HANKE, STEPHEN
SHUTT, ELIZABETH SHAUGHNESSY, RANDY BAUER,
BILL GOICHBERG, KENNETH M. CHADWELL, AND
UNITED STATES CHESS FEDERATION,
Assigned Judge:
Lawrence I. Horowitz,JSC
Respondents.
__________________________________________


PLEASE TAKE NOTICE that, upon the annexed affirmation of Michael J. Matsler dated November 29, 2004, the affidavit of Bill Goichberg sworn to November 24, 2004, the affidavit of Dr. Leroy Dubeck sworn to November 24, 2004, the affidavit of Michael Reis sworn to November 22, 2004, and the exhibits thereto, the undersigned counsel representing the United States of America Chess Federation ("USCF") and the other respondents will cross-move this Court, at the courthouse located at 255-275 Main Street, Goshen, New York on December 10, 2004 at 9:00 a.m. or as soon thereafter as counsel may be heard, for an order dismissing the petition, and denying petitioner's motion for a preliminary injunction and order of attachment, pursuant to CPLR 404(a) and 3211 on the grounds that 1) this Court lacks personal jurisdiction over the respondents by reason of petitioner's failure to effectuate lawful service of process; 2) this Court lacks personal jurisdiction over the individual respondents other than Bill Goichberg as non-domiciliaries under CPLR 302; and

3) petitioner fails ID state a claim or cause of action for which this Court can grant relief ; and other relief as the Court deems proper, together with an award of attorneys fees and costs pursuant to Part 137 of the Rules of the Chief Administrator of the Courts.

Dated: November 29, 2004
New Windsor, NY

Rider, Weiner & Frankel, P.C.
Attorney for Respondents
655 Little Britain Road
New Windsor, NY 12553
(845)562-9100

By: _____________________
Michael J. Matsler

TO: Sam Sloan
Petitioner
331 Beach 32nd Street, Apartment 19K
Far Rockaway, NY 11691


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

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