COOPERSTOWN -- An attorney for Cooperstown All-Star Village said Thursday he will appeal a judicial ruling calling for the company to be dissolved and placed in the control of a temporary receiver.
"If we let this decision stand, we will have to shut it down," Joseph Maniscalco said of the baseball camp located in the town of Oneonta.
The Long Island-based lawyer said he will also urge state Supreme Court Judge Kevin Dowd to review his decision requiring the dissolution of All-Star Village and a related firm, Abner Doubleday LLC.
Maniscalco said he should have an opportunity to argue at a hearing that there is no legal basis for the firms to be put out of business.
"You don't dissolve a company based on (legal) papers," he said.
The Daily Star reported Thursday that Dowd has scheduled a May 31 hearing to appoint a temporary receiver to take the reins of the baseball camp, operated by local restaurateurs Martin and Brenda Patton.
The lawsuit seeking the dissolution of Cooperstown All-Star Village was initiated by Cooperstown Capital LLC, a company controlled by Joseph Ferrara Sr. The firm has a 35 percent ownership interest in both All-Star Village and Abner Doubleday LLC, which controls the real estate on which the camp sits.
The litigation is the latest chapter in a lengthy business dispute between the Pattons and Ferrara.
One of six lawsuits growing out of the dispute involved a slander claim against the Pattons brought by Ferrara's son, Perry Ferrara, a former lawyer who lost his license after he was convicted of stealing funds from an escrow account.
Acting state Supreme Court Judge Steven M. Jaeger ruled in April 2011 that Perry Ferrara failed to offer persuasive proof that he lost a construction job because of negative comments that Martin Patton allegedly made about him to a prospective employer in July 2005.
In the lawsuit seeking the dissolution of the baseball-camp company, court papers say that Joseph Ferrara Sr., in the spring of 2008, hired an Oneonta-based real estate broker, Ricardo Guerrera, to serve as Cooperstown Capital's "eyes and ears" at the camp that season.
Guerrera, in an affidavit, contended that the camp's methods for tracking revenue "were so inadequate that it appeared that they had almost been designed to prevent any effective oversight."
Maniscalco said that in addition to seeking judicial reconsideration of the dissolution order, he is preparing an appeal that would be filed with the state Appellate Division.
All-Star Village is scheduled to open June 9, according to Martin Patton.