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Petitioner has not provided sufficient evidence
that the appointment of Mr. Adorno, as trustee or as an
agent of the trustee, was valid or authorized under the
terms of the respective trust indentures.
Upon the filing of respondent’s motion to dismiss, the Court
issued an order directing Adorno Asset to file an objection, if
any, to respondent’s motion, taking into account Rule 60, and to
attach to the objection a copy of the trust instrument or other
documentation identifying the fiduciary or other representative
with legal capacity to institute a case on behalf of Adorno
Asset.
D. Mr. Adorno’s Objection
Ultimately, the Court received an objection, leave for the
filing of which was granted, to respondent’s motion to dismiss.
Mr. Adorno signed the objection as the “Director of The Adorno
Asset Management Trust”. In the objection, Mr. Adorno contends
that he is Adorno Asset’s representative and authorized fiduciary
with “the authority to act as the Director of The Adorno Business
Company” and to sign on behalf of Adorno Asset. In support
thereof, Mr. Adorno attached to the objection a three-page
document entitled “The Adorno Asset Management Company,[6] Minutes
of Third Meeting, December 18, 1995” (third minutes). The third
minutes provide, in part, as follows:
6 The record indicates that The Adorno Asset Management
Trust and The Adorno Asset Management Company are one and the
same.
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Last modified: May 25, 2011