-=Continued from previous post=- 
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sir?
     MR. SHULMAN: If your Honor would like, I would be happy to have the 
secretary of the NRA who prepared this notice come before your Honor and 
explain why it was prepared.
     I can tell you what I know about it, but I did not prepare this notice.
     THE COURT: You can tell me what  you know about it, sir.
     MR. SHULMAN: What I know about it is this, that the NRA has been 
publishing the report of the nominating committee for 16 years 
continuously. That it was not publishing the report of the nominating 
committee in this issue because of your Honor's order.
     I have here the report of the nominating committee which was not 
published. That's the page that it is on, the page that had to be 
deleted.
     It can't be deleted because the magazine has all the pages
     The determination was made that
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Proceedings
the membership had to be informed about why the nominating committee 
report was not published.
     THE COURT: And the reason they had to do it this way by publishing the 
caption so all the names were stated and with the statement that the 
Appellate Division, of course, is going to reverse, was something that 
just occurred to them out of the blue and had nothing to do with 
anything.
     MR. SHULMAN: Your Honor, the plaintiff extensively reported your 
Honor's decision on the Internet before this was ever done.
     Mr. Fezell had been on the Internet on a regular basis stating 
everything that's taking place in this case. This has been largely 
broadcast before the NRA published anything.
     This is not any piece of news whatsoever.
     Mr. Fezell himself has done it, and I can bring in, if your Honor
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wants, a dozen Internet statements prior to this publication.
     THE COURT: The Internet statements have nothing whatever to do with 
what appears to be contempt of Court in this statement, and, counsel, as 
a distinguished lawyer, you must know that.
     Now, if you're going to tell me that everybody at the NRA acts without 
legal advice, well, then, if counsel makes the motion, I will bring a 
contempt proceeding against them.
     MR. SHULMAN: Your Honor, at the time that this was published, the 
matter was on review in the Appellate Division.
     THE COURT: On review doesn't mean will be reversed, sir.
     MR. SHULMAN: It doesn't say it will be reversed.
      THE COURT: Sir, until it is reversed. That does not say it is on 
review, and maybe it will and maybe it
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won't, and you know that, sir, and I really would be very grateful if I 
heard something by a lawyer saying something proper in this case.
     I think your organization is out of control.
     MR. SHULMAN Well, your Honor, I apologize to the Court that you are 
taking it that way.
     Obviously, the NRA and myself in the arguments had a different feeling 
than your Honor.
     My understanding is that all orders of trial courts are subject to 
appeal; until they're reversed, they have to be obeyed.
     I don't see why that constitutes a statement that it is going to be 
reversed, and judging the way things have been going so far, it doesn't 
look very good for getting reversals.
     But, at the time that this statement was made, the matter had been 
filed on appeal in the Appellate
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Proceedings
Division.
     I had personally appeared in Justice Rubin's chambers to discuss 
getting a stay of your Honor 's order.
     I was trying to work something out so that the matter could be heard in 
a manner that might let the election go forward,
     And, as it turned out, the stay was denied, and that was it.
     We had asked originally for interim relief. He persuaded us not to go 
for interim relief, but to wait and to have the stay heard and arrange 
for an expedited - -
     THE COURT: By stating the names of the petitioners and by saying 
''Until this is reversed. "
     Counsel, I don't think we really need much more on this.
     Counsel, submit your papers expeditiously. I mean expeditiously.
     MR. SHABAN: Yes, your Honor.
     THE COURT: Thank you, counsel.
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     Call the next matter.
(Proceedings concluded.)
****
     I hereby certify that the above is a
true and accurate transcription of the
proceedings.
                              /s/ M. J. Schwartzberg
                                   MAURICE J. SCHWARTZBERG
                                   OFFICIAL COURT REPORTER
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