SUPREME COURT OF THE STATE OF NEW YORK

FRANKLIN COUNTY
In the Matter of the Application of
PAUL SMITHS COLLEGE OF
ARTS AND SCIENCES, Beneficiary
under the Last Wills and Testaments of
PHELPS SMITH,
Deceased,
SCOTT VAN LAER, on behalf of
Alumni and Friends Against Changing
Paul Smiths Colleges Name,
Proposed Intervenors and/or
Amicus Curaie.

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INDEX NO. 2015-597

AFFIRMATION OF MARK
SCHNEIDER IN SUPPORT OF
MOTION TO INTERVENE AND/OR
APPEAR AS AMICUS CURAIE

I, Mark Schneider, attorney for Scott van Laer and the Alumni and Friends Against
Changing Paul Smiths Colleges Name affirm as follows in support of their Motion to Intervene
and/or Appear as Amicus Curaie:
1) Scott van Laer represents both his own interests as a representative of the ad hoc
group calling itself Alumni and Friends Against Changing Paul Smiths Colleges
Name.
2) The group has an active Facebook page: www.facebook.com/groups/1617728585176982/.
There are over 3,000 members of this page.
3) There is also a Petition Against the Name Change, signed by over 3,000 people.
Many, if not most, are alumni. https://www.change.org/p/paul-smith-s-college-refuse-to-renamethe-college.

4) Mr. van Laer sets forth his financial, professional, and emotional stake in the outcome
of this action. That interest is generally shared by all of the members of Alumni and
Friends Against Changing Paul Smiths Colleges Name.
5) The Attorney General is not fully and adequately representing their interests in his
failure to object to this Cy Pres Petition.
6) The Attorney General did not fully brief the legal and factual issues. If he had, he
would have opposed the Petition. He did not include the essential Court of Appeals
decision in In re Scotts Will, 8 N.Y.2d 419 (1960). In that case the Court of Appeals
denied a cy pres petition because it did not honor the intent of the beneficiary by
having his name on a building.
7) There has not been an unanticipated change in circumstances that would allow
granting cy pres.
8) There has been no showing that the intentions of the grantor will be defeated or
substantially impaired if the Petition is denied.
9) Rather, as evidenced by the terms of his will, Phelps Smith explicit intention was:
[For] the erection and maintenance of a college for the higher education of
boys and girls, to be forever known as "Paul Smiths College of Arts and
Sciences."
10) To effect this intention, he directed his executors:
[T]o form a corporation to be known as "Paul Smiths College of Arts and
Sciences," whose objects shall be the higher education of boys and girls,
to be located upon St. Regis Lake if practicable, and if not, then at some
other suitable place in the town of Brighton, Franklin County, New York.
Such college is . . . to be perpetual.
11) It is not impracticable to fulfill this mandate.
12) Paul Smiths College is not facing its imminent demise for financial reasons.

13) Rather, as President Cathy Dove just wrote in response to the rhetorical question:
The college has faced some significant financial hurdles. How are things going? in
the Summer 2015 edition of The Sequel:
Higher education is going through significant changes and disruptions.
Most people agree that the cost of education is prohibitive for many
students; the residential model is being challenged with the advent of
technology, demographics in our geographical region are declining, and
many students are looking for more flexible ways to earn a degree. So
Paul Smith's isn't alone - we face challenges primarily around providing a
great education to students who often cannot afford to pay what it costs us
to teach them. We need higher enrollment, a lower discount rate (off the
sticker price), and more diversified revenues.
All that being said, we are doing extremely well! We have highly relevant
degree programs as well as excellent faculty and staff. In addition, our
alumni are incredibly supportive and so important to our future. We just
hired our first chief marketing officer as well as a new vice president for
enrollment, and we're working on a branding process. We need to tell our
story really well, we need to expand the diversity of our student base,
create flexibility in our programs and make sure our programs and
pedagogy stay highly relevant.
While we are building for the future, we are managing our expenses very
tightly, while benefiting from the invaluable support of a number of
wonderful donors. Bottom line is that our financials look very good this
year. We're optimistic that future years will continue to be strong.
(emphasis added).
14) While Paul Smiths College would like to receive a $20 naming gift from Mrs. Weill,
there is no legal evidence that it is impracticable to not accept this offer with the
requirement of a name change to Joan Weill-Paul Smiths College.
15) President Dove stated that at Paul Smiths College were working on a branding
process. Surely that branding is much better served by continuing with the
traditional and revered name of Paul Smiths College.
16) She states that Paul Smiths College need[s] to tell its story really well. The story of
selling naming rights is not a very positive rendition of the Paul Smiths story.

17) It would be much more practicable (and favorable) and for Mrs. Weill to memorialize
her gift with the Joan Weill School of Forestry and Environmental Studies, than to
require the awkward hyphenated name that she proposes.
18) If this Court allows the name change, it will set a negative precedent for charitable
giving in general. No donor will ever be assured that someone else will not come
along in the future and seek another name change for money.
19) Paul Smiths College is not a football stadium. Its name reflects a long and proud
tradition of quality education.
20) Having a degree from Paul Smiths College means something important to people in
the forestry, environmental, and hospitality businesses.
21) The Proposed Intervenors have a real interest in the outcome of this matter. They do
not want their degrees to be devalued or mocked.
22) Is not only practical, but essential and sensible that Paul Smiths College not change
its name.
23) This Court has to decide whether Phelps Smith, if he were alive today, would approve
of the proposed name change under the instant circumstances.
24) This Court should effect the clear intentions of Phelps Smith that Paul Smiths
College forever be so named.
25) Further support for the positions of the Scott van Laer and the Proposed Intervenors is
set forth in his attached Brief.
WHEREFORE, Scott van Laer, on behalf of the Alumni and Friends Against Changing
Paul Smiths Colleges Name, pray that this Honorable Court allow them to intervene in this
action to protect their interests. In the alternative, they pray that they be allowed to submit their

attached Brief as an Amicus Curaie Brief. After considering this Petition, this Court should deny
cy pres relief to the Petitioner.
I, Mark Schneider, affirm under the penalty of perjury that the facts set forth herein are
true and correct to the best of my knowledge. Signed on this 20th day of August, in Plattsburgh,
New York.
Mark Schneider
Attorney for Scott van Laer on behalf of
Alumni and Friends Against Changing
Paul Smiths Colleges Name
57 Court Street
Plattsburgh, NY 12901
(518) 566-6666