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.