In early April the New York State Court of Appeals, in a unanimous 6-0 ruling, held that GGYC is the rightful challenger and that the next match would be in ten months, meaning early February 2010.
However, in an April 23 letter to GGYC, SNG unilaterally dictated that the match shall be in May 2010 in defiance of the Court’s April 7, 2009 Order and Judgment. GGYC filed a motion to hold SNG in contempt of court for defiance of the judgment.
SNG retaliated with a cross-motion seeking to disqualify GGYC for not yet providing a custom-house registry (CHR) for the team’s challenging yacht. GGYC’s court submission states it had “no obligation to provide a CHR before commencement of the 10 month notice-of-race period.” The 10-month clock started April 7, the day GGYC served SNG with a copy of the court Order and Judgment, reinstating GGYC as the Challenger of Record.
“We will provide the CHR, as the Deed requires, ‘as soon as possible,’” said
GGYC spokesman Tom Ehman. “Alinghi/SNG have already held up the 33rd America’s Cup for two years. We believe this unfortunate new delaying tactic by SNG will not stop the 33rd America’s Cup from proceeding in February 2010 as ordered by the Court last
month. We expect the hearing this week will promptly resolve both matters.”
If you have time reading, the GGYC's 'Memo of Law - opposition to SNG's cross motion' provides the historical background to the challenger of record having to issue their Customs House Registration documentation "as soon as possible", as stipulated in the Deed of Gift. This can be read here.
The two sides have their next day in court on Thursday.