Justice Herman Cahn of the New York State Supreme Court today issued an order confirming the validity of Golden Gate Yacht Club’s (GGYC) challenge for the 33rd America’s.

“We are very pleased with this decision. 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,” explained Tom Ehman, the club’s spokesman.

The defender, Societe Nautique de Geneve (SNG), had filed a motion to re-argue that decision based on a new claim that the American club’s challenge was invalid under the Deed, but this was rejected by the court.

In response to Justice Cahn’s order, lead counsel for SNG, Lucien Masmejan, issued the following statement:

“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. 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, SNG appears to be committed to getting the America’s Cup back on track for a world-class event in 2011 in Valencia, Spain. “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.

To read Justice Herman Cahn’s order click here .