A New York appeals court agreed Tuesday to hear a request by two-time defending America's Cup champion Alinghi to push back the start of its showdown against American challenger BMW Oracle Racing.

The Swiss group went to the Appellate Division of the New York State Supreme Court a day after a lower court judge ruled that the best-of-three showdown between Alinghi and BMW Oracle Racing couldn't begin before March 12. Justice Herman Cahn of the state Supreme Court also ordered that the match be sailed in Valencia, Spain, or any other location selected by the Swiss, provided they give the Americans and their backing club, San Francisco's Golden Gate Yacht Club, six months notice.

While a victory for Alinghi, Cahn's ruling conflicts with the Deed of Gift, the 19th-century document that governs the America's Cup. The Deed of Gift prohibits racing in the Northern Hemisphere between Nov. 1 and May 1.

Alinghi and its yacht club, Societe Nautique de Geneve, asked the Appellate Division to rule that the first possible race date would be in May 2009. The court agreed to hear arguments when hears Alinghi's appeal of Cahn's March ruling that GGYC is the Challenger of Record.

"The order issued by Justice Cahn on 12 May 2008 contains some positives for Alinghi, but the language is ambiguous as it fails to recognize that a Match cannot happen in the Northern Hemisphere in March as per the Deed of Gift," SNG lead attorney Lucien Masmejan said in a statement. "The Golden Gate Yacht Club specifically conditioned its challenge on a Northern Hemisphere match and SNG has always contemplated a Northern Hemisphere match either in Valencia or another location."

America's Cup rules specify that legal disputes on the competition be settled in New York state court.

The dispute between Alinghi and BMW Oracle Racing began shortly after Alinghi retained the oldest trophy in international sports with a 5-2 victory over Team New Zealand in Valencia in July.

Alinghi announced it had chosen a Spanish yacht club as Challenger of Record to help negotiate the rules for the next multi-challenger regatta. GGYC issued a challenge, then sued, saying the Spanish club was a sham and that the Swiss were trying to tilt the rules for the next regatta in their favor.

Cahn ruled in November that GGYC was the valid Challenger of Record, an order he let stand in March when he refused to hear new arguments from Alinghi.

Since BMW Oracle Racing and Alinghi couldn't agree on terms for a traditional America's Cup regatta, the Deed of Gift match was the next option.

"Meanwhile, the Alinghi sailing team is training intensively and the designers and shore crew continue to prepare for the 33rd America's Cup," Masmejan said. "SNG will defend the Cup on the water and we look forward to returning to our true area of expertise: competitive racing."

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