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.