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Author Re: Marinello Case: Affirmation of Michael J. Matsler
Ray Gordon

2005-03-22, 3:53 am

> 4. None of the individual respondents other than Mr.
quote:

> Goichberg, upon information and belief, work or reside in New York
> State. This Court therefore lacks personal jurisdiction over them.
> Petitioner has failed to allege any facts to support a claim that any
> of them as breached any contract, committed any tortious act, or
> conducts personal business in New York State sufficient to impose
> long-arm jurisdiction under CPLR 302. For that matter, Mr. Sloan has
> failed to allege any facts stating a claim for which relief can be
> granted.


I would think that if they are USCF officers that they have some contacts
with NY state. Of course, I'm not an attorney so don't quote me on that.

quote:

> 10. Petitioner Sam Sloan is a USCF member. Mr. Sloan has a
> history of filing frivolous lawsuits. (See Mr. Sloan's website at
> www.samsloan.com).


Now this is interesting: has a COURT ever called his stuff frivolous?

quote:

> 15. In any event, the sale of USCF's premises in New
> Windsor occurred on September 17, 2004. (See Affidavit of Michael
> Reis). The building, a flat roofed structure on Route 9W, was in poor
> condition and had only limited parking; and was far larger than
> necessary given USCF's restructuring in 2003 and 2004. The sales price
> was nonetheless favorable. The sales proceeds have been duly deposited
> into USCF's LMA accounts and are prudently managed. To the extent Mr.
> Sloan asks this Court to block the sale, his request has been rendered
> moot. (See annexed affidavits of Dr. Dubeck and William Goichberg).
> 16. USCF is solvent. It is currently meeting all expenses
> and liabilities without difficulty. It has no significant short term
> or long term debt. Prior to 2004 USCF had been, for several years, in
> difficult financial shape. In 2003, however, the Executive Board
> undertook a program to identify and reduce unnecessary costs and
> enhance revenues, which has proven successful USCF now outsources its
> retail merchandise sales operations which has allowed USCF to reduce
> overhead and payroll all while increasing profitability.


The nonprofit is more profitable now?

Looks like the issue is what NY requires of out-of-state nonprofits.


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