WHITE PLAINS CITIZENETREPORTER 3,374,995 VISITS IN ONE YEAR—65,000 VISITS A WEEK BY 985,281 VISITORS

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. July 21, 2004: In his continuing effort to get electric rates reduced in Westchester, County Executive Andy Spano is once again urging the Public Service Commission (PSC) to put an end to the long-time practice of Con Edison’s  electric users subsidizing Con Edison’s steam customers in Manhattan.

            The Spano Administration will present testimony on this issue Thursday at 7 p.m. at a public hearing before the PSC at the Westchester County Center. The PSC hearing deals with rates the PSC proposes to set for its steam customers. Westchester has no steam customers. Over Westchester’s objections, the PSC proposes to continue, instead of to eliminate, the subsidies for steam customers.

 The testimony on behalf of Spano will be presented by Edward Gibbs, executive director of the Westchester County Public Utility Service Agency.

 This is just Spano’s latest legal effort to make sure that Westchester electric users are not unfairly charged. Earlier this year, after four years, Spano won his legal battle to put an end to a practice of forcing Con Ed’s Westchester electric ratepayers to subsidize Con Edison’s New York City electric ratepayers. 

 “Con Edison rates are high enough without Westchester residents and businesses having to pay more than their fair share,” Spano says in his prepared statement in the latest case involving steam customers. “We will continue to use every legal means possible to fight any and all overcharges.

As noted by Spano, “The electric customers should not be required to subsidize steam customers by approximately $100 million per year.” Of this, approximately $12 million would come from Westchester electric ratepayers, and the remainder from New York City electric ratepayers. 

He further states, “It is incontrovertible that Con Edison’s electric customers are being required to subsidize a steam system that is geographically limited and serves only a limited number of large customers in Manhattan.  It does not matter whether you call this a subsidy, transferred costs or rents by the electric system, it is in fact a subsidization of these large steam customers by electric customers, including those on low and fixed incomes.”

He argues that this subsidy is even more unfair when put in context of a request by Con Edison for a 9.2 percent increase in its electric rates for residential customers.

In November of last year, the PSC ordered a phase out of a long-time practice whereby Westchester’s Con Edison electric users were subsidizing New York City’s electric users. The order from the PSC came in response to a four-year-long legal battle initiated by Spano to change Con Ed’s rate structure.   Annually, Westchester had been paying overcharges of $100 million to $120 million.

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WPCNR NEWS COMMENT. By John F. Bailey. July 21, 2004: The latest appeal of Glen Hockley resulting in a temporary stay, (lifted Monday), preventing Larry Delgado from being sworn in and restored to the Common Council which happened Tuesday afternoon at 4:45 P.M. has used the labyrinthine morass of the New York legal system, as well as the confused Appellate Court in Brooklyn, which should know better,  to thwart the voice of the White Plains voter.

THANKS FOR THE MEMORIES: Glen Hockley, at a Council Work Session, May 26, 2004. Photo from  WPCNR News Archive.

Monday, the Appellate Court in another lunacy, reversed the decision of one its judges two weeks ago to grant Hockley another stay. Tuesday afternoon, Mr. Hockley was  removed from the Common Council when Larry Delgado was sworn in by the Mayor.

Mr. Hockley has gone on record, using election law, as refusing resolutely to let the voters of White Plains decide this issue  twice:

 Ducking a Runoff Election Two Times

1.)First, by refusing to go with the Appellate Court call for with a citywide election runoff between him and Mr. Delgado, obviously because he was afraid he would lose, due to Mr. Delgado’s incumbency back in the Spring of 2002. So, instead he appeals to the Court of Appeals and gets it thrown out. 

 Privately, the Court of Appeals did not want the backload of election law cases sure to follow, if they allowed judges to decide elections. Instead they threw out the Nicolai and Appellate Court judgment that a new election be held.

Well in the course of 27 months, a preposterous length of time due to Attorney General footdragging, the quo warranto procedure worked its instant magic. But, Mr. Hockley is not going quietly.

 He is kicking and screaming still. He does not know when it is time to go.He is temporarily gone now.

 Alleging the 103 Republicans Who Signed Affidavits are Lying.

 2.) Second, by appealing for a jury trial in which the 103 voters can be questioned by his attorney, Mr. Hockley is obviously alleging that 103 voters who voted on Election Day in District 18 are lying.

 All 103 voters, when they signed sworn affidavits to the Attorney General as part of the Attorney General quo warranto action on behalf of Mr. Delgado, were saying they voted for Mr. Delgado on November 5, 2001, thereby proving in the Attorney General’s eyes that Mr. Delgado would have won the election over Mr. Hockley that day had the voting machine not jamme

 Whose Interests are Being Served Now?

 By further pursuit of legal action to delay the natural process of quo warranto, Mr. Hockley once again has shown his true colors.

 Mr. Hockley’s contention of his latest legal appeal of Judge Francis Nicolai’s summary judgment  is that a jury trial ought to decide on whether or not each of 103 voters actually did vote for Mr. Delgado in the wreck of the District 18 voting machine on November 5.

 Now should the Appellate Judges look at this again and decide a jury trial is warranted, we can look forward to a parade of jurist selection, which will take weeks to find a non-partisan jury.

 What would be the court definition of juror background?

 How can you find 12 independent jurors not affiliated with either Democrat or Republican Parties? Would they all be from White Plains, or would they have to be all from out of the City of White Plains to be fair and impartial?

 Would they have to be drawn from Rockland, Putnam or Dutchess Counties? What would be the ground rules for serving on the jury?

 And, the CitizeNetReporter predicts that there will be suits filed by Mr. Hockley challenging the jury parameters. It could be months before a jury trial is commenced.

 Hockley only needs to delay this outcome 17 months to serve a complete term. It is not inconceivable that given court calendars what they are that a jury trial could not be completed until well into 2005, when the disputed Hockley-Delgado term ends.

 Hockley Shows No Respect to Voters.

 Mr. Hockley has been an active councilman, and Mr. Delgado has not really participated in government affairs since Hockley took the seat in March, 2002.

However, Mr. Hockley who has not hesitated to cloak himself in the sanctity of New York State Election law to avoid having voters decide, when it is to his advantage, now cannot have it both ways.

 Now that voters on that Election Day in November, 2001, have sworn they voted for Mr. Delgado on that day, he cannot claim they are perhaps lying or misremembering, or whatever sophistry his attorney will use to attempt to shake each individual sworn voter down. He or she will attempt to cast doubt on the sworn voters’ Delgado decision,  to convince the jury these are 103 Republican Delgado stooges.

 A Delaying Tactic at Best.

 A jury trial of each Delgado voter will be very ugly. Every voter is going to say they voted for Delgado. That’s what the purpose of a sworn affidavit is. It averts testimony of a sworn fact.

 By asking for a jury trial, Mr. Hockley disrespects and mocks the very voters he proclaims to be working so hard for on the Common Council.

 It is a delaying tactic to get Mr. Hockley a few more months on the Common Council dole.

 It is time for him to voluntarily step down and let the rule of law: quo warranto, that he was so eager to press for  months ago, rule.

 Mr. Hockley’s “walk abouts,” his speaking out on issues are all admirable qualities. If he is really a champion, he will not disrespect the voters by continuing this bogus appeal.

 He has every right to do so, but it reduces him to the role of politician, who will do anything, say anything, and sell anything to stay in office, which he was not elected to in the first place.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. July 20, 2004, updated 8:30 P.M. E.D.T.: Larry Delgado councilman in White Plains from 1998 through 2001, returned to the White Plains Common Council today when he was sworn in by Mayor Joseph Delfino at 4:45 P.M. in the Mayor’s office with Janice Minieri witnessing the historic event.

Delgado on Election Night, November 5, 2001, the day the voting machine in District 18 jammed costing him over 100 votes. Today he was returned to the Common Council, after 33 months of legal maneuvers ended temporarily with Mayor Delfino swearing him in to the Common Council. Photo from WPCNR NEWS ARCHIVE

The historic swearing-in, bringing to a perhaps temporary end the New York State Attorney General Quo Warranto action on Mr. Delgado’s behalf, proceeded, according to Paul Wood, the “Phantom Executive Officer” to Mayor Delfino, after the Appellate Court in Brooklyn, for the second time in three weeks refused to grant Glen Hockley a stay  in Judge Francis Nicolai’s order to seat Mr. Delgado while Hockley’s two appeals to the Appellate Court are adjudicated.

LARRY DELGADO LUNCHING AT CITY LIMITS, January, 2003, when his quo warranto action was completed by the Attorney General’s office and was first filed in Supreme Court. Photo from WPCNR News Archive

Jeffrey Binder, Mr. Delgado’s attorney told WPCNR the Appellate Court denied Mr. Hockley’s latest Temporary Restraining Order obtained from an Appellate Court judge two weeks ago. The latest rejection of the stay paved the way for Mr. Delgado’s swearing in Tuesday afternoon.

HISTORIC JAM: Larry Delgado’s voting line, second from upper left, jamming at 39 votes, in District 18, as discovered November 27, 2001, during a recanvas. Photo from WPCNR News Archive.

Jeffrey Binder, Delgado’s Attorney, November 27, 2001, discussing matters with the media after the voting machine was officially found to be jammed. As a result of a legal action launched on Mr. Delgado’s behalf by Binder and John Ciampoli, Judge Francis Nicolai called for a new election in December 2001. This was fought up to the Court of Appeals by Adam Bradley, Glen Hockley’s attorney where Hockley’s side was upheld by the Court of Appeals which threw out the election decision, rulling quo warranto through the Attorney General’s office was the only legal way for Mr. Delgado to challenge the result. It has taken from March 14, 2001 to July 20, 2004 for that quo warranto action to return Delgado to the Common Council. Delgado has 17 months to serve on the 48-month term, if Hockley’s appeals are denied. Photo from WPCNR News Archive.

Mr. Hockley’s appeal to the Appellate Court argues that Judge Francis Nicolai should have recused himself from ruling on the case, and the summary judgment be adjudicated by a judge appointed by way of the  state’s judge assignment procedure, Hockle’s reasoning being that the quo warranto is a “new case.”

His other appeal argues that Mr. Hockley is entitled to a jury trial in which all 103 Republican voters in District 18 who swore by affidavitt that they voted for Mr. Delgado be deposed, or cross-examined by Mr. Hockley’s lawyer and that a jury should decide their veracity. 

Mr. Wood said that the new Councilman, Larry Delgado is expected to participate in the Work Session at City Hall on Thursday at 6 P.M., pending of course, any more Glen Hockley legal maneuvers.

The entire Delgado fight to have the voters of White Plains heard took 35 months, working its way up to the Court of Appeals, then through the attorney general’s office, and now finally ending in the Mayor’s office.

Mr. Hockley was not present at the swearing in.

Attorney General Elliot Spitzer’s Quo Warranto action found through thorough investigation, by obtaining affidavitts from 103 Republic registered voters who voted in District 18, declared that Mr. Hockley was a usurper, holding the councilman office illegally, and filed a court order asking for Mr. Delgado be placed on the Common Council, and Mr. Hockley removed as a usurper. That action was completed today in the Mayor’s office at city hall.

For a complete chronology of the Hockley-Delgado, go the WPCNR article, entitled “Along the Quo Warranto Trial”.

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. July 20, 2004: Westchester County Executive Andy Spano will join Mayor John Testa and Peekskill officials for the   dedication of the Peekskill Stadium tomorrow (Wednesday, July 21) at 1 p.m. off Louisa Street in Peekskill.

Westchester County contributed $850,000 to help build the $2.6 million stadium as part of Spano’s Legacy Program which has committed county funds to help municipalities across Westchester create recreational areas. White Plains, Yonkers, Port Chester and Mount Pleasant are some of the other areas where fields are slated to be built with the county’s help.

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WPCNR PRESS BOX. By Fastpitch Johnny. July 20, 2004: The Hudson River Panthers split their first two games in Pool Play at the PONY Nationals in Sterling Viginia Monday, beating the Huntington Mills Mystics of New Jersey, 6-3 behind Michelle Barone, two speed bunts of Maggie Goldberg, and three timely RBI’s by Dena Frederick. They lost their second game to the Blue Thunder of Warrington, Pennsylvania, trailing 1-0 going into the sixth when the Thunder turned on  their speed game and timely placed hits to break open the game. The Panthers play again today at 11 in the Tournament of Champions that has attracted 300 14 and 12 and under teams to the complex in northern Virginia making the economy in this area jump.

The Panthers won their first game when Goldberg beat out a lead off bunt went to second on Danielle Basciano’s hard grounder to third then scored on Dena Frederick’s hard single deep in the shortstop hole. When Frederick stole second and attempted to steal third the ball was thrown down the line and Dena came in to score, 2-0, Panthers.

They picked up to more in the third when Goldberg legged out her second bunt hit of the day and scored, stole second and came around to score on when Danielle Basciano’s bunt was misplayed by the catcher, allowing Basciano to come all the way around to third. Next Dena Frederick plated her with a perfect squeeze bunt to make it 4-0. The Panthers wrapped up their scoring in the 4th  with 2 out. Maggie Goldberg walked, Basciano singled. Goldberg scored on a passed ball and Dena Frederick singled Basciano home to make it 6-0.  Michelle Barone went all the way striking out 6 and allowing only 3 hits.

In their second game of the day, the Panthers ran into a very on Blue Thunder pitcher, but hung very close until the final frame. The Panthers are wrapping up a successful first season under Ray Frederick of White Plains and Joe Carrabello of Brewster having won 19 games, lost 13 on the Travel Circuit.

You can see 7 to 10 games of fastpitch softball at at once at the beautiful Claude Moore Park complex in Leesburg, Virginia where most of the PONY games are being staged. All the fields have electronic scoreboards. The infields are immaculate and manicured with new foul lines circles and batters’ boxes each game giving the girls a real big league treatment.

Concession prices are big league too, $2.25 for a hotdog, $4 for a sausage sandwich. $2 for bottled water. An atmosphere of camaraderie prevails, and the softball is fast and furious starting at  9 AM and going deep into the night.