Annette Kathryn, Hand, Sui Juris
Donald Gregory, Hand, Sui Juris
Citizens of New York state
c/o General Delivery
St. James [zip code exempt]
NEW YORK STATE
In Propria Persona
All Rights Reserved
without prejudice
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
THE DIME SAVINGS BANK ) Index No. #20987/96
OF NEW YORK, FSB [sic] )
) NOTICE OF INTENT TO PETITION
Plaintiff, ) COURT OF COMPETENT JURISDICTION
) FOR LEAVE TO INSTITUTE
v. ) QUO WARRANTO PROCEEDINGS:
) Due Process & Supremacy Clauses;
ANNETTE K. HAND [sic], ) International Covenant on Civil
ET AL. [sic], ) and Political Rights; Universal
) Declaration of Human Rights,
Defendants. ) enacted with explicit
______________________________) Reservations as to standing
COME NOW Annette Kathryn, Hand, Sui Juris, and Donald Gregory,
Hand, Sui Juris, Citizens of New York state, expressly not
citizens of the United States ( "federal citizens" ), and
Defendants in the above entitled matter (hereinafter
"Defendants"), to provide formal Notice to all interested
party(s), and to demand mandatory judicial Notice by this
honorable Court, of Defendants' intent, expressed hereby, to
apply to a court of competent jurisdiction for leave to institute
Quo Warranto proceedings against the one named KENNETH A.
AUERBACH [sic] (hereinafter "Mr. Auerbach"), previously appointed
by ORDER of this Court, dated March 24, 1997. See, in pari
materia, 31 CFR 51.2 and 52.2; Federal Register Act.
Notice of Intent to Institute Quo Warranto:
Page 1 of 5
Defendants also wish to request formal Notice by this Court,
and by all interested party(s), that Quo Warranto proceedings are
typically initiated by the New York state Attorney General, or
his delegate, pursuant to a myriad of court decisions which have
held that a Writ Quo Warranto is a prerogative writ of the state,
and not of individual Citizens of the state. Confer at "Quo
Warranto" in Corpus Juris and Corpus Juris Secundum.
Accordingly, Defendants hereby provide formal Notice of
Their intent to request the office of the Attorney General of New
York state to institute Quo Warranto proceedings against the one
named KENNETH A. AUERBACH ("Mr. Auerbach"), for any and all
attempts by Mr. Auerbach to occupy the state judicial office of
"Referee" [sic] in the instant case.
Defendants are now pressed for time, and do not have an
opportunity timely to bring the comparable Writ of Prohibition in
order to prevent Mr. Auerbach from attempting to occupy the
office of Referee. During the grace period in which the state
Attorney General can commence (or not commence) Quo Warranto
proceedings against Mr. Auerbach (thirty days), Defendants have
reason to believe, and now proceed on the basis of the
presumption, that Mr. Auerbach will, in fact, attempt to occupy
the office of Referee, at which time a Writ of Prohibition will
be moot and a Writ Quo Warranto will be proper and timely.
Defendants hereby expressly reserve all Rights, both
procedural and substantive, so as to preserve access to the
ancient Writ Quo Warranto, for the sole purpose of requiring Mr.
Auerbach to demonstrate by what authorities Mr. Auerbach can
exercise the lawful judicial power(s) of Referee in this case.
Notice of Intent to Institute Quo Warranto:
Page 2 of 5
VERIFICATION
We, the Undersigned, proceeding In Propria Persona and Sui Juris,
hereby verify, under penalty of perjury, under the laws of the
United States of America, without (outside) the "United States",
that the above statement of facts and laws is true and correct,
to the best of Our current information, knowledge, and belief, so
help Us God, pursuant to 28 U.S.C. 1746(1).
Dated: May 18, 1997
Respectfully submitted,
/s/ Annette Kathryn Hand
______________________________________________
Annette Kathryn, Hand, Sui Juris
Citizen of New York state
(expressly not a citizen of the United States)
/s/ Donald Gregory Hand
______________________________________________
Donald Gregory, Hand, Sui Juris
Citizen of New York state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Notice of Intent to Institute Quo Warranto:
Page 3 of 5
PROOF OF SERVICE
I, Donald Gregory Hand, Sui Juris, hereby certify, under penalty
of perjury, under the laws of the United States of America,
without the "United States," that I am at least 18 years of age,
a Citizen of one of the United States of America, and that I
personally served the following document(s):
NOTICE OF INTENT TO PETITION
COURT OF COMPETENT JURISDICTION
FOR LEAVE TO INSTITUTE
QUO WARRANTO PROCEEDINGS
by placing one true and correct copy of said document(s) in first
class United States Mail, with postage prepaid and properly
addressed to the following:
BERKMAN, HENOCH, PETERSON & PEDDY, P.C.
Attorneys [sic] for the Plaintiff
The Dime Savings Bank of New York, FSB
c/o 777 Zeckendorf Boulevard
Garden City [zip code exempt]
NEW YORK STATE
Nathanson, Devack & Memmoli, L.L.P.
Attorney [sic] for Defendant
Key Bank of New York
c/o 820 Hempstead Turnpike
Franklin Square [zip code exempt]
NEW YORK STATE
Sylvain R. Jakabovics, Esq.
Attorney [sic] for Defendant
L. C. Commercial Corporation
c/o 230 Park Avenue, Suite 864
New York [zip code exempt]
NEW YORK STATE
Batzar & Weinberg, P.C.
Attorney [sic] for Defendant
European American Bank & Trust Company
c/o 184 Sunrise Highway, Box 427
Rockville Center [zip code exempt]
NEW YORK STATE
NYS Commissioner of Taxation & Finance
NYS Office Building
Veterans' Memorial Highway
Hauppauge [zip code exempt]
NEW YORK STATE
Notice of Intent to Institute Quo Warranto:
Page 4 of 5
Mitchell N. Kay, Esq., Attorney [sic] for Defendant
American Express Travel Related Services Company, Inc.
c/o 7 Penn Plaza, 18th Floor
New York [zip code exempt]
NEW YORK STATE
KENNETH A. AUERBACH, ESQ.
c/o 77 Medford Avenue
Patchogue [zip code exempt]
NEW YORK STATE
Dated: May 18, 1997
/s/ Donald Gregory Hand
__________________________________________
Donald Gregory, Hand, Sui Juris
Citizen of New York state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
[See USPS Publication 221 for addressing instructions.]
Notice of Intent to Institute Quo Warranto:
Page 5 of 5
# # #
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Dime Savings Bank v. Hand et al.