This lawsuit was kept from the public and not filed in the Dutchess
County Courthouse for over 2 years, in spite of Butterfield being
a charitable trust. The NY State Attorney General was not
included or referenced in any of the moving papers. The AG must be
notified by law when a Charitable Trust is modified or sued to protect the
unnamed express beneficiaries.
The following is from a direct copy of the Dutchess
County Log Book (shown above).
Oct. 3 RJI
Nov. 19 Preliminary Conference Order - Jiudice - 11/15/90.
1992 Apr. 1 Notice of Motion, Affidavit in Support,
Affidavit of Service, Notice, Affidavit of Service
by Mail, Plaintiffs First set of Interrogatories,
Exhibit, Affidavit of Service, Plaintiffs Verified
Reply, Exhibit, Affidavit of Service by Mail, Plaintiffs
Answers, Affidavit of Service by Mail, First Amended
Verified Complaint, Exhibits, Affidavit of Service by
Mail, Affidavit of Service, Summons, Verified Complaint,
Exhibits, Affirmation in Opposition, Exhibits &
Affidavit of Service by Mail.
Note: RJI is a request for Judicial Intervention, in this
case a preliminary conference with the assigned Justice.
Note: that it was two years, from October 3, 1990 until April 1,
1992 that any of the papers were made public. And the Lawsuit
had been going on for sometime before the RJI was needed!
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