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

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

Respondents.
________________________________________________X

STATE OF NEW YORK )
)SS.:
COUNTY OF ORANGE )

Beatriz Marinello, being duly sworn, deposes and says:

1. I am currently the president of the Executive Board of
the United States of America Chess Federation ("USCF"). Since January
2, 2005 I have also served as acting Chief Operating Officer, as a
volunteer and without pay. Since the departure of William Goichberg on
December 31, 2004 there has been no Executive Director, although USCF
expects to fill the position shortly.

2. The USCF is a not-for-profit corporation chartered
under the laws of the State of Illinois, devoted to promoting chess
through scholastic and educational activities, tournaments and
competitive play. Until February 2005 USCF's headquarters were in New
Windsor, New York. Since February 2005 USCF's principal offices and
headquarters have been in Crossville, Tennessee. For the time being,
our ChessLife Magazine staff has remained in New Windsor.

3. USCF has approximately 92,000 members. It is governed
pursuant to written By-Laws, which are posted at our internet website
at www.uschess.org, a copy of which is annexed as Ex. "D" hereto. As
set forth in the By-Laws, the members meet each year in August. They
elect delegates, who formulate policy for USCF. The members also elect
the Executive Board, which is responsible for overseeing the finances
and the management of the organization. The Executive Boards consists
of seven directors elected to four year terms. (See Ex. ?gD?h,
Articles IV, V and VII.

4. Audited financial statements and minutes are regularly
posted on the USCF website for all to see.

5. I have read Mr. Sloan?fs allegations and they are
untrue. As set forth in the affidavit of Dr. Leroy Dubeck, annexed to
our opposing papers in the court below (attached under Ex. "B"
hereto). USCF's Executive Board and the delegates, after full debate
and disclosure to and among the delegates and members voted at the
August 2002 annual delegates' meeting in New Jersey to restructure its
operations and relocate out of New York State due to the high cost of
doing business there.

6. The USCF's Annual Delegates' Meeting for 2003 was held
August 9 - 10, in Los Angeles, California. The minutes of the meeting
were posted on the USCF website and remain available for anyone to
review and download. A copy is annexed hereto as Ex. "F". On page 4 is
the recording of the approval of the budget for the move to
Crossville, Tennessee. On pages 6 and 7 the Board president John
McCrary reported to the delegates and members that, thanks to
outsourcing and other measures, USCF had realized savings of $250,000
but that the financial situation remained critical, and therefore the
"best scenario" was to sell the New Windsor building and complete the
move to Crossville, in order to reduce costs and enable USCF to
continue providing member services. Vice president of finance Frank
Camaratta explained the anticipated benefits of relocating to
Crossville. He estimated the cost to construct the new building at
$500,000 (Ex. "F", pages 9-10). On page 12 of the 2003 minutes, Frank
Camaratta moved that the budget for the move to Crossville be adopted.
It was noted the building has traditionally been viewed as a USCF Life
Member asset (under the auspices of USCF's Life Member Asset
Committee), and that the proceeds of the sale would be necessary to
pay for the relocation and ultimately the construction of the new
building. On motion by Frank Camaratta, the delegates voted to adopt
the ?gplanning budget for the Crossville move?h. (Id. At 12).

7. By outsourcing our retail merchandise sales department
and other functions we have been able to regain a sound financial
footing and refocus on our core mission. As a result, sales staff has
been downsized, and the large building and warehouse in New Windsor
became superfluous. As also set forth in Dr. Dubeck's affidavit and
the president's report to the delegates in August 2003, several
alternate sites were considered, but Crossville, Tennessee proved to
be the sounder choice, whether or not Mr. Sloan agrees. The Board also
reaffirmed its decision to move to Crossville in October 2004, as set
forth in our minutes and newsletter, annexed to our opposing papers in
the court below. If Mr. Sloan's request to freeze the proceeds of the
building sale were granted, it would paralyze USCF's ability to secure
and pay for the construction of the new building.

8. The sale of the New Windsor building took place in
September 2004. The proceeds, approximately $500,000, were placed in
USCF's KeyBank accounts. The funds have always been properly accounted
for. The USCF's LMA Committee has authorized the investment of the
proceeds, in part in certificates of deposit and in part in money
market accounts. Neither I, nor Mr. Hanke, nor anyone else to my
knowledge has withdrawn, misused or misappropriated any of these
funds.

9. I receive no salary or wages as volunteer acting COO.
My travel, lodging, meals and business expenses are reimbursed by USCF
upon submittal of receipts and other documentation. Our accountants
and auditors have never suggested that I submitted any improper
reimbursement requests.

10. From Mid-October to Mid-November 2004 I was in Spain, and
was not served with any copy of Mr. Sloan?fs November order to show
cause, affidavit and petition. I first saw a copy on Mr. Sloan?fs
website, www.samsloan.com, in late November, and I also believe that I
received a copy from our counsel. Until January 20005 I worked and
resided in Florida. Only two or three occasions did I visit our New
York office in 2004, and I believe that our vice-president of finance,
Tim Hanke, also visited our New Windsor office on one or two occasions
in 2004. We allowed correspondence to be sent to us "c/o" (care of)
USCF at its New Windsor office for convenience.

11. I have never taken any funds from USCF for personal
purposes. Our finances are verified and controlled by USCF's
accounting department, headed by Chief Financial Officer Grant Perks,
a certified public accountant, now based in Crossville, Tennessee.

12. All personnel layoffs have been approved by the
Executive Board for sound fiscal reasons.

13. Mr. Sloan's allegation that the cost to construct the
new building in Crossville would be only $360,000 is not accurate. Our
estimates for the total costs, including "soft costs" such as
architectural and legal fees, have ranged from approximately $500,000
to $600,000. At the August 2003 Annual Delegates Meeting USFC's vice
president Frank Camaratta estimated at least $500,000 as the cost to
construct the new building. (Ex. "F", at 10).

14. Mr. Sloan's statement as a candidate for the Board is
being published in the May 2005 edition of ChessLife Magazine. His
statement was not received until late February 2005, approximately two
weeks beyond the deadline for the April 2005 issue. (A copy of the
approved proof sheets for the May 2005 ChessLife Magazine containing
Mr. Sloan's statement is annexed hereto as Ex. "G").

15. I am not aware of Mr. Hanke?fs alleged disappearance.
I have spoken to him regularly. He remains an officer, and member, of
USCF in good standing.

16. Elizabeth Shaughnessy is an Executive Board member,
elected in August 2004 to fill a vacancy. She is an architect who has
generously volunteered her time to oversee our paid architect in
Tennessee. Mrs. Shaughnessy does not receive compensation for her
services.

17. Mr. Sloan?fs claim that he did not receive any board
information (?gBINFOS?h) is nonsensical. If any such practice existed,
it was discontinued years ago or otherwise followed sporadically, at
best. I myself never received any "BINFOS" when I ran for the Board.

18. I respectfully suggest that the proper forum for Mr.
Sloan to air his grievances is at our annual meeting and election in
August 2005, and not the courts. It is ironic that Mr. Sloan should
complain about the expenditure of USCF funds, while forcing the
organization to expend thousands of dollars to defend itself in
frivolous litigation.

_____________________
Beatriz Marinello


Sworn to before me this
28th day of April, 2005.

_______________________
CHERYL R. CHURNEY
Notary Public, State of New York
Qualified in Orange County
Registration #01CH4960202
Commission Expires December 18, 2005


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

In the year of our Lord Sat, 30 Apr 2005 15:31:01 GMT,
(Sam Sloan) wrote:



LOL. One small victory for Mr. Sloan.

14. Mr. Sloan's statement as a candidate for the Board is
being published in the May 2005 edition of ChessLife Magazine. His
statement was not received until late February 2005, approximately two
weeks beyond the deadline for the April 2005 issue. (A copy of the
approved proof sheets for the May 2005 ChessLife Magazine containing
Mr. Sloan's statement is annexed hereto as Ex. "G").




The enemy fight in chains, invisible chains, but heavy;
Their minds are fetter'd; then how can they be free,
-- William Blake

Looks like you made an ass of yourself once again Sam.


"Sam Sloan" wrote in message
...
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

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

Respondents.
________________________________________________X

STATE OF NEW YORK )
)SS.:
COUNTY OF ORANGE )

Beatriz Marinello, being duly sworn, deposes and says:

1. I am currently the president of the Executive Board of
the United States of America Chess Federation ("USCF"). Since January
2, 2005 I have also served as acting Chief Operating Officer, as a
volunteer and without pay. Since the departure of William Goichberg on
December 31, 2004 there has been no Executive Director, although USCF
expects to fill the position shortly.

2. The USCF is a not-for-profit corporation chartered
under the laws of the State of Illinois, devoted to promoting chess
through scholastic and educational activities, tournaments and
competitive play. Until February 2005 USCF's headquarters were in New
Windsor, New York. Since February 2005 USCF's principal offices and
headquarters have been in Crossville, Tennessee. For the time being,
our ChessLife Magazine staff has remained in New Windsor.

3. USCF has approximately 92,000 members. It is governed
pursuant to written By-Laws, which are posted at our internet website
at www.uschess.org, a copy of which is annexed as Ex. "D" hereto. As
set forth in the By-Laws, the members meet each year in August. They
elect delegates, who formulate policy for USCF. The members also elect
the Executive Board, which is responsible for overseeing the finances
and the management of the organization. The Executive Boards consists
of seven directors elected to four year terms. (See Ex. ?gD?h,
Articles IV, V and VII.

4. Audited financial statements and minutes are regularly
posted on the USCF website for all to see.

5. I have read Mr. Sloan?fs allegations and they are
untrue. As set forth in the affidavit of Dr. Leroy Dubeck, annexed to
our opposing papers in the court below (attached under Ex. "B"
hereto). USCF's Executive Board and the delegates, after full debate
and disclosure to and among the delegates and members voted at the
August 2002 annual delegates' meeting in New Jersey to restructure its
operations and relocate out of New York State due to the high cost of
doing business there.

6. The USCF's Annual Delegates' Meeting for 2003 was held
August 9 - 10, in Los Angeles, California. The minutes of the meeting
were posted on the USCF website and remain available for anyone to
review and download. A copy is annexed hereto as Ex. "F". On page 4 is
the recording of the approval of the budget for the move to
Crossville, Tennessee. On pages 6 and 7 the Board president John
McCrary reported to the delegates and members that, thanks to
outsourcing and other measures, USCF had realized savings of $250,000
but that the financial situation remained critical, and therefore the
"best scenario" was to sell the New Windsor building and complete the
move to Crossville, in order to reduce costs and enable USCF to
continue providing member services. Vice president of finance Frank
Camaratta explained the anticipated benefits of relocating to
Crossville. He estimated the cost to construct the new building at
$500,000 (Ex. "F", pages 9-10). On page 12 of the 2003 minutes, Frank
Camaratta moved that the budget for the move to Crossville be adopted.
It was noted the building has traditionally been viewed as a USCF Life
Member asset (under the auspices of USCF's Life Member Asset
Committee), and that the proceeds of the sale would be necessary to
pay for the relocation and ultimately the construction of the new
building. On motion by Frank Camaratta, the delegates voted to adopt
the ?gplanning budget for the Crossville move?h. (Id. At 12).

7. By outsourcing our retail merchandise sales department
and other functions we have been able to regain a sound financial
footing and refocus on our core mission. As a result, sales staff has
been downsized, and the large building and warehouse in New Windsor
became superfluous. As also set forth in Dr. Dubeck's affidavit and
the president's report to the delegates in August 2003, several
alternate sites were considered, but Crossville, Tennessee proved to
be the sounder choice, whether or not Mr. Sloan agrees. The Board also
reaffirmed its decision to move to Crossville in October 2004, as set
forth in our minutes and newsletter, annexed to our opposing papers in
the court below. If Mr. Sloan's request to freeze the proceeds of the
building sale were granted, it would paralyze USCF's ability to secure
and pay for the construction of the new building.

8. The sale of the New Windsor building took place in
September 2004. The proceeds, approximately $500,000, were placed in
USCF's KeyBank accounts. The funds have always been properly accounted
for. The USCF's LMA Committee has authorized the investment of the
proceeds, in part in certificates of deposit and in part in money
market accounts. Neither I, nor Mr. Hanke, nor anyone else to my
knowledge has withdrawn, misused or misappropriated any of these
funds.

9. I receive no salary or wages as volunteer acting COO.
My travel, lodging, meals and business expenses are reimbursed by USCF
upon submittal of receipts and other documentation. Our accountants
and auditors have never suggested that I submitted any improper
reimbursement requests.

10. From Mid-October to Mid-November 2004 I was in Spain, and
was not served with any copy of Mr. Sloan?fs November order to show
cause, affidavit and petition. I first saw a copy on Mr. Sloan?fs
website, www.samsloan.com, in late November, and I also believe that I
received a copy from our counsel. Until January 20005 I worked and
resided in Florida. Only two or three occasions did I visit our New
York office in 2004, and I believe that our vice-president of finance,
Tim Hanke, also visited our New Windsor office on one or two occasions
in 2004. We allowed correspondence to be sent to us "c/o" (care of)
USCF at its New Windsor office for convenience.

11. I have never taken any funds from USCF for personal
purposes. Our finances are verified and controlled by USCF's
accounting department, headed by Chief Financial Officer Grant Perks,
a certified public accountant, now based in Crossville, Tennessee.

12. All personnel layoffs have been approved by the
Executive Board for sound fiscal reasons.

13. Mr. Sloan's allegation that the cost to construct the
new building in Crossville would be only $360,000 is not accurate. Our
estimates for the total costs, including "soft costs" such as
architectural and legal fees, have ranged from approximately $500,000
to $600,000. At the August 2003 Annual Delegates Meeting USFC's vice
president Frank Camaratta estimated at least $500,000 as the cost to
construct the new building. (Ex. "F", at 10).

14. Mr. Sloan's statement as a candidate for the Board is
being published in the May 2005 edition of ChessLife Magazine. His
statement was not received until late February 2005, approximately two
weeks beyond the deadline for the April 2005 issue. (A copy of the
approved proof sheets for the May 2005 ChessLife Magazine containing
Mr. Sloan's statement is annexed hereto as Ex. "G").

15. I am not aware of Mr. Hanke?fs alleged disappearance.
I have spoken to him regularly. He remains an officer, and member, of
USCF in good standing.

16. Elizabeth Shaughnessy is an Executive Board member,
elected in August 2004 to fill a vacancy. She is an architect who has
generously volunteered her time to oversee our paid architect in
Tennessee. Mrs. Shaughnessy does not receive compensation for her
services.

17. Mr. Sloan?fs claim that he did not receive any board
information (?gBINFOS?h) is nonsensical. If any such practice existed,
it was discontinued years ago or otherwise followed sporadically, at
best. I myself never received any "BINFOS" when I ran for the Board.

18. I respectfully suggest that the proper forum for Mr.
Sloan to air his grievances is at our annual meeting and election in
August 2005, and not the courts. It is ironic that Mr. Sloan should
complain about the expenditure of USCF funds, while forcing the
organization to expend thousands of dollars to defend itself in
frivolous litigation.

_____________________
Beatriz Marinello


Sworn to before me this
28th day of April, 2005.

_______________________
CHERYL R. CHURNEY
Notary Public, State of New York
Qualified in Orange County
Registration #01CH4960202
Commission Expires December 18, 2005


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