This morning attorney Eileen Buholtz, one of the leaders of the group identifying itself as RPO Community Supporters, announced that she has filed a new petition with the New York State Supreme Court again questioning the legality of the Rochester Philharmonic Orchestra's annual meeting, which took place on January 23, 2013.
The new petition criticizes the RPO for not announcing the meeting to its full membership constituency (specifically referencing contributors to the Rochester Philharmonic Youth Orchestra), improperly defining its membership term, failing to recognize write-in ballots for board members at the meeting, and raises other issues. Buholtz is asking the court to rule the results of the January 23 board election null and void, and to task the RPO with holding a new meeting to elect board member.
This is the second petition filed by Buholtz; an earlier petition was dismissed by Supreme Court Justice Kenneth Fisher last month.
The RPO Board of Directors responded to the new petition with the following statement:
"The Rochester Philharmonic Orchestra (RPO) has learned that Ms. Eileen Buholtz has filed another suit against it. The RPO is pleased that the court has ruled in its favor regarding two prior legal suits and we are confident the court will continue to do so. It is a shame, however, that the RPO needs to continue to redirect precious resources to defend itself against unfounded claims for a third time.
"The RPO is looking forward with optimism and is encouraged by the audience support the orchestra has received in the past three months, with all Philharmonic and Pops performances exceeding goal for single ticket sales."