Justice Herman Cahn of the New York State Supreme Court today issued an order confirming the validity of Golden Gate Yacht Club’s challenge for the 33rd America’s Cup and rejected a late-stage bid by the defender to re-argue the court’s earlier ruling in GGYC’s favor.

"We are very pleased with this decision", Tom Ehman, the American club’s spokesman said. "The Court has ruled that our challenge complied fully with the Cup’s Deed of Gift, and we are now keen to keep moving forward towards the next regatta".

In its order today the Court reconfirmed its November 27 decision that GGYC was the valid challenger for the Cup.

"Following today’s court order, Larry Ellison has eliminated the competition and gained access to the America’s Cup Match, a feat BMW Oracle Racing has never been able to achieve on the water", said Lucien Masmejan, lead counsel for the defending yacht club, Société Nautique de Genève (SNG).

"While we are disappointed with the outcome of this court order and believe that the matter of GGYC’s certificate of challenge wasn’t properly addressed, we have decided not to appeal the decision and we look forward to getting the fight back on the water and meeting BMW Oracle Racing on the start line of a Deed of Gift Match in July 2009".

Should Alinghi win the Deed of Gift Match, the Defender is committed to getting the America’s Cup back on track for a world class multi-challenge event in 2011 in Valencia.

"The challengers can be assured that the 34th America’s Cup will be run with the same vision and commitment for a premiere multi-challenge sailing event that they supported in Valencia in 2007,” Masmejan concluded.