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Text of Letter from New York Attorney General to Judge Horowitz



 
 
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  #1  
Old December 1st 04, 11:49 PM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
Sam Sloan
external usenet poster
 
Posts: 1,558
Default Text of Letter from New York Attorney General to Judge Horowitz

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL


ELIOT SPITZER REGIONAL OFFICE DIVISION
Attorney General POUGHKEEPSIE REGIONAL
OFFICE

November 29, 2004

Honorable Lawrence Horowitz
Orange County Supreme Court
255 Main Street
Goshen, New York 10924

SAM SLOAN v. BEATRIZ MARINELLO, et.al.
Index No. 2004-7739
ORDER TO SHOW CAUSE, Returnable, November 30, 2004


Dear Judge Horowitz:

The Attorney General's office received a copy of the Order to
Show Cause and supporting papers involving the purported sale of a
building owned by the United States Chess Federation. The Attorney
General is not a named party in this litigation. However, a search of
our records reveals that no notice was given to the Attorney General
prior to the sale of this asset as required by Not-for-Profit
Corporation Law Sections 510 and 511. The statute requires court
approval on notice the Attorney General before substantially all the
assets of a not-for-profit corporation can be disposed of.

The petition also raises a number of other procedural and
substantive questions regarding membership and board approval, as well
as, placement of the sale proceeds in an escrow account.

Enclosed is a copy of the pamphlet referred to in the
petition, A Guide to Sales and Other Dispositions of Assets Pursuant
to Not-For-Profit Corporation Law Sections 510-511 and Religious
Corporation Laws section 12 published by the Attorney General's
office. Thank you for your consideration.

Jeane L.
Strickland Smith
Assistant
Attorney General

Enclosure
cc: Sam Sloan

235 Main St., 3rd Floor, Poughkeepsie, N.Y. 12601 - (845)
485-3900 - Fax (845) 452-3303

  #2  
Old December 2nd 04, 12:03 AM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
StanB
external usenet poster
 
Posts: 161
Default Text of Letter from New York Attorney General to Judge Horowitz

This won't survive. The assets weren't disposed of, they were converted from
real property to cash.


"Sam Sloan" wrote in message
...
STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL


ELIOT SPITZER REGIONAL OFFICE DIVISION
Attorney General POUGHKEEPSIE REGIONAL
OFFICE

November 29, 2004

Honorable Lawrence Horowitz
Orange County Supreme Court
255 Main Street
Goshen, New York 10924

SAM SLOAN v. BEATRIZ MARINELLO, et.al.
Index No. 2004-7739
ORDER TO SHOW CAUSE, Returnable, November 30, 2004


Dear Judge Horowitz:

The Attorney General's office received a copy of the Order to
Show Cause and supporting papers involving the purported sale of a
building owned by the United States Chess Federation. The Attorney
General is not a named party in this litigation. However, a search of
our records reveals that no notice was given to the Attorney General
prior to the sale of this asset as required by Not-for-Profit
Corporation Law Sections 510 and 511. The statute requires court
approval on notice the Attorney General before substantially all the
assets of a not-for-profit corporation can be disposed of.

The petition also raises a number of other procedural and
substantive questions regarding membership and board approval, as well
as, placement of the sale proceeds in an escrow account.

Enclosed is a copy of the pamphlet referred to in the
petition, A Guide to Sales and Other Dispositions of Assets Pursuant
to Not-For-Profit Corporation Law Sections 510-511 and Religious
Corporation Laws section 12 published by the Attorney General's
office. Thank you for your consideration.

Jeane L.
Strickland Smith
Assistant
Attorney General

Enclosure
cc: Sam Sloan

235 Main St., 3rd Floor, Poughkeepsie, N.Y. 12601 - (845)
485-3900 - Fax (845) 452-3303



  #3  
Old December 2nd 04, 03:43 AM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
David Ames
external usenet poster
 
Posts: 178
Default Text of Letter from New York Attorney General to Judge Horowitz

The language used by the Attorney General, "Sales and Other
Dispositions," makes clear that the sale of USCF real estate *is* a
disposition within the meaning of New York law.

"StanB" wrote in message ...
This won't survive. The assets weren't disposed of, they were converted from
real property to cash.


"Sam Sloan" wrote in message
...
STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL


ELIOT SPITZER REGIONAL OFFICE DIVISION
Attorney General POUGHKEEPSIE REGIONAL
OFFICE

November 29, 2004

Honorable Lawrence Horowitz
Orange County Supreme Court
255 Main Street
Goshen, New York 10924

SAM SLOAN v. BEATRIZ MARINELLO, et.al.
Index No. 2004-7739
ORDER TO SHOW CAUSE, Returnable, November 30, 2004


Dear Judge Horowitz:

The Attorney General's office received a copy of the Order to
Show Cause and supporting papers involving the purported sale of a
building owned by the United States Chess Federation. The Attorney
General is not a named party in this litigation. However, a search of
our records reveals that no notice was given to the Attorney General
prior to the sale of this asset as required by Not-for-Profit
Corporation Law Sections 510 and 511. The statute requires court
approval on notice the Attorney General before substantially all the
assets of a not-for-profit corporation can be disposed of.

The petition also raises a number of other procedural and
substantive questions regarding membership and board approval, as well
as, placement of the sale proceeds in an escrow account.

Enclosed is a copy of the pamphlet referred to in the
petition, A Guide to Sales and Other Dispositions of Assets Pursuant
to Not-For-Profit Corporation Law Sections 510-511 and Religious
Corporation Laws section 12 published by the Attorney General's
office. Thank you for your consideration.

Jeane L.
Strickland Smith
Assistant
Attorney General

Enclosure
cc: Sam Sloan

235 Main St., 3rd Floor, Poughkeepsie, N.Y. 12601 - (845)
485-3900 - Fax (845) 452-3303

  #4  
Old December 3rd 04, 06:08 AM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
Rob Mitchell
external usenet poster
 
Posts: 30
Default Text of Letter from New York Attorney General to Judge Horowitz

(David Ames) wrote in message . com...
The language used by the Attorney General, "Sales and Other
Dispositions," makes clear that the sale of USCF real estate *is* a
disposition within the meaning of New York law.

"StanB" wrote in message ...
This won't survive. The assets weren't disposed of, they were converted from
real property to cash.


"Sam Sloan" wrote in message
...
STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL


ELIOT SPITZER REGIONAL OFFICE DIVISION
Attorney General POUGHKEEPSIE REGIONAL
OFFICE

November 29, 2004

Honorable Lawrence Horowitz
Orange County Supreme Court
255 Main Street
Goshen, New York 10924

SAM SLOAN v. BEATRIZ MARINELLO, et.al.
Index No. 2004-7739
ORDER TO SHOW CAUSE, Returnable, November 30, 2004


Dear Judge Horowitz:

The Attorney General's office received a copy of the Order to
Show Cause and supporting papers involving the purported sale of a
building owned by the United States Chess Federation. The Attorney
General is not a named party in this litigation. However, a search of
our records reveals that no notice was given to the Attorney General
prior to the sale of this asset as required by Not-for-Profit
Corporation Law Sections 510 and 511. The statute requires court
approval on notice the Attorney General before substantially all the
assets of a not-for-profit corporation can be disposed of.

The petition also raises a number of other procedural and
substantive questions regarding membership and board approval, as well
as, placement of the sale proceeds in an escrow account.

Enclosed is a copy of the pamphlet referred to in the
petition, A Guide to Sales and Other Dispositions of Assets Pursuant
to Not-For-Profit Corporation Law Sections 510-511 and Religious
Corporation Laws section 12 published by the Attorney General's
office. Thank you for your consideration.


USCF is a 501(c)4 not-for-profit. It does not fall under this law. As
usual over overpaid government employees do not know what they ar
doing. Imagine that, an Asst attorney general not knowing the law!

Rob Mitchell

Jeane L.
Strickland Smith
Assistant
Attorney General

Enclosure
cc: Sam Sloan

235 Main St., 3rd Floor, Poughkeepsie, N.Y. 12601 - (845)
485-3900 - Fax (845) 452-3303

  #6  
Old December 3rd 04, 01:38 PM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
Mike Nolan
external usenet poster
 
Posts: 209
Default Text of Letter from New York Attorney General to Judge Horowitz

(Sam Sloan) writes:

Can you find any case where a Not For Profit has moved from one state
to another? I have not been able to find one.


The NCAA moved from Kansas City to Indianapolis.
--
Mike Nolan

  #8  
Old December 3rd 04, 03:32 PM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
Mike Nolan
external usenet poster
 
Posts: 209
Default Text of Letter from New York Attorney General to Judge Horowitz

"StanB" writes:

The NCAA moved from Kansas City to Indianapolis.


This and the one Grant cited are associations. Usually an association
designation means it is unincorporated and therefore does not qualify under
section 501 (c). However they can still solicit tax deductible donations if
the register under the state they're in and the donations are used for a
charitable endeavor.


According to Guidestar, both the NCAA and the NCAA Foundation (also HQ'd
in Indianapolis) are 501 (c)(3) and file 990's.
--
Mike Nolan


  #9  
Old December 10th 04, 04:03 AM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
Frank Dreck
external usenet poster
 
Posts: 12
Default Text of Letter from New York Attorney General to Judge Horowitz

"Rob Mitchell" USCF is a 501(c)4 not-for-profit. It does not fall under
this law. As usual over overpaid government employees do not know what they
are doing. Imagine that, an Asst attorney general not knowing the law!

dumb-ass, you are referring to IRS Code in reading New York State Law. All
not for profit corporations fall under "not for profit corporations." Now
get back on on line for your Food Stamps.


  #10  
Old December 10th 04, 04:44 AM posted to rec.games.chess.misc,misc.legal,rec.games.chess.politics,rec.games.chess,alt.chess
Sam Sloan
external usenet poster
 
Posts: 1,558
Default Text of Letter from New York Attorney General to Judge Horowitz

On Thu, 9 Dec 2004 22:03:42 -0500, "Frank Dreck"
wrote:

"Rob Mitchell" USCF is a 501(c)4 not-for-profit. It does not fall under
this law. As usual over overpaid government employees do not know what they
are doing. Imagine that, an Asst attorney general not knowing the law!

dumb-ass, you are referring to IRS Code in reading New York State Law. All
not for profit corporations fall under "not for profit corporations." Now
get back on on line for your Food Stamps.


Good, correct, and thank you.

Sam Sloan
 




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