The Hockley Decision: Analysis

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WPCNR MR. AND MS. AND MRS. WHITE PLAINS VOICE.  March 21, 2005, UPDATED MARCH 22, 2005, 4:30 P.M. E.S.T.:  Glen Hockly told The CitizeNetReporter today his attorneys have not arrived at a recommendation as to whether they believe he should begin the deposition of affidavit signes. Hockley said they are evaluating past cases and simply have not reached a conclusion. Mr. Hockley is pondering whether to proceed and conduct legal depositions on the 103 affidavit-signees who swore they voted for Larry Delgado, November 5, 2001. Hockley has until June 30, 2005, to conduct the depositions at his expense.


Mike Amodio, a local attorney close to the case says the Appellate Court of the 2nd Circuit in Brooklyn has given Mr. Hockley a hard choice. Here is Mr. Amodio’s “take:” 


Dear Mr. Bailey:

       I have read your description of the Appellate Division Decision on the Delgado-Hockley case and I think it needs some clarification. 

       The Appellate Division has basically affirmed Judge Nicolai’s decision without specifically saying so.  The Appellate Division decision lists every one of Mr. Hockley’s attorney’s arguments and dismisses them all except one.  The only argument that they will even consider is the argument that the Affidavits submitted by the AG and Mr. Delgado were not valid.  After noting that a challenge to a person’s assertion of how they voted would be difficult, the Appellate Division decided to allow Mr. Hockley’s lawyers an opportunity to do so.  However, this is not what Mr. Hockley’s attorneys wanted.  They challenged the validity of the Affidavits and argued that only the voter’s sworn testimony at a trial would be sufficient.  Thus, they argued, summary judgment in favor of Delgado should have been denied and a trial should take place.  A trial would have placed the burden on the AG and Mr. Delgado to produce the 103 witnesses to testify that they voted for Mr. Delgado.

       This the Appellate Division did not do.  Instead the Appellate Division has placed the Appeal on “hold” (until June 30th) while it allows Mr. Hockley’s lawyers to depose the 103 voters who signed Affidavits swearing that they voted for Mr. Delgado.  Thus the burden is now on Mr. Hockley’s attorneys to issue Subpoenas to each of the 103 voters and cause a deposition of each of the 103 voters in the hopes that the voter will recant his/her previous sworn statement.  This will cause Mr. Hockley’s attorneys to pay for the service of a subpoena on 103 voters (at about $20 to $25 per voter), pay a witness fee of approximately $20 per voter and pay for the deposition transcript for each 103 voters.

       Because Mr. Hockley’s attorneys have attacked the validity of the Affidavits, each deposition will require Mr. Hockley’s attorneys to ask the voter if he/she knew what he/she was signing and then to ask to voter is he/she was telling the truth when he/she signed the Affidavit. 

       As the notary public who took the testimony of a good number of the voters, I can state unequivocally that the voters I dealt with knew what they were signing and were eager to sign the Affidavits.  I testified to this fact when I was deposed in the proceeding.

       I do not think this decision is a victory for Mr. Hockley’s Attorneys nor should it be categorized as such.

       Michael P. Amodio    

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Assessor Will Not Address BOE Budget Public Hearing Tonight

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WPCNR SCHOOL DAYS. March 21, 2005: Tonight the Board of Education is holding the first Public Hearing on the preliminary 2005-2006 Board of Education budget ($154.8 Million) at 7:30 at Education House, 5 Homeside Lane. However, the City Assessor, Eyde McCarthy, who was scheduled to address the Board of Education of the matter of certriorari trends and PILOT payments relating to the City Center, will not appear as scheduled. 


 A total of $5.8 Million in certriorari refunds have been surrendered by the Board of Education the first three months of 2005.  


Ms. McCarthy will not be making the report because she has not recovered from recent medical treatment, according to Clerk to the Board of Education, Michele Schoenfeld. Terrance Schreurs, Assistant Superintendent for Business for the School District, reported through a spokesperson that no pinch hitter for Ms. McCarthy was expected, and the information on certriorari trends and PILOT trends involving the city’s new development had been requested three weeks ago. His office did not know if the city was going to send over a written report prior to the Board of Education Public Hearing this evening.


 

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FLASH! The Lion Returns.

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WPCNR CITY HALL CIRCUIT. March 21, 2005: The missing portrait of Mayor Alfred Del Vecchio has returned to its benevolent perch in the rotunda of city hall. The portrait had not been on display for eleven days. When first reported missing, a city hall spokesman said its support mechanism had been compromised by a custodian cleaning the picture and it was being repaired through the City Clerk’s office.


WPCNR has since learned the portrait was located by a maintenance man underneath the auxiliary staircase in the rear of city hall, raising the question of who or what removed and apparently hid the Del Vecchio portrait, raising questions about whether the picture was out for repairs in the first place.


The portrait was returned to its place of honor as mysteriously as it had disappeared with no pomp, ceremony or official rehanging ceremony.

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Hockley Ponders Whether He Will Depose 103 Affidavit Signers

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WPCNR WHITE PLAINS LAW JOURNAL. March 20, 2005: The Glen Hockley Larry Delgado saga unraveling over the last 4 and a half years going through more ups and downs, highs and lows and legal permutations than any person could have expected may finally be ending this evening — or a new beginning in the Adventure of the Jammed Voting Machine may make history again in deposing affidavit signers.


Glen Hockley was granted the right to depose the 103 affidavit signees whose signed affidavits allowed the Attorney General to mount a successful quo warranto challenge resulting in Mr. Hockley’s ouster from the Common Council, will meet with his legal team to night to determine his next step. The Appellate Court, Second Circuit in Brooklyn handed down the split decision on Mr. Hockley’s motion for a jury trial instead of the summary judgment the Attorney General requested and received from Judge Francis Nicolai last July. They upheld the Supreme Court right to make that summary judgment in the matter but ruled the Supreme Court to hear depositions of the 103 jurors by June 30 and new arguments in 30 days after that.



GLEN HOCKLEY IN MAY, 2005 at a meeting of the Common Council: An impassioned advocate while on the Common Council, fighter for affordable housing and safe housing, Hockley told WPCNR he was pleased with the decision because it showed the Supreme Court was wrong in refusing to allow deposition of the 103 Republican voters signing the affidavits. He said he and his lawyers would be discussing their next course of action this evening, and “what makes sense.”  Photo, WPCNR News Archive.


 

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Latimer on the Legislature: Dysfunction at the Junction.

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WPCNR’S LATIMER ON THE LEGISLATURE. By Assemblyman George Latimer. March 19, 2005: The State Budget deadline is nearly at hand – April 1st. For twenty  years, that deadline has been missed, and in some years, such as 2004,  by quite a lot (late August). In the past few years, the media has raged, and citizens have become, quite properly, furious.


A few years ago, Assembly members and Senators stopped receiving paychecks on April 1st, until a budget was passed. Primaries and General Elections have been lost by a handful of members of this issue. But they weren’t the answers. School Districts and Village governments, organizations and institutions, with springtime starts to their fiscal year, still suffer  through unsurety and delays.


All of this is because, we are told, the dysfunction of New York State government – dysfunction that exceeds all other states.

And it is dysfunctional in many ways. But it is not just that alone; in fact, dysfunction may be the lesser part of the problem. The greater part may be assessed to a division in political thinking – disagreement – that in the highly charged national and local political climate of recent years has become partisan battling to the death.

The latter is nothing restricted to Albany. We turn on television and see Washington, D.C., and some (but thankfully, not all) of our local governments tied up in hyper-partisanship. Name-calling and negative attacks that make every issue fodder for the next campaign. We face a time when conservatives and progressives are each highly motivated, and unwilling to give an inch in philosophy. The extremes of both political parties dominate the primary selection process; moderates are the endangered species.


The results are battles between elected officials who represent extremely different views of the world, who categorize
each other’s views in stark, negative terms. The once-hailed talent of compromise, the give-and-take of legislative work intrinsic in our Founding Fathers’ insistence on checks and balances, has become a weakness in our current ideologically-driven politics. To compromise is to show insufficient commitment to absolute principle, and must, by
definition, represent a sell-out.

Our disagreements in Albany are real. The Assembly, the Senate and the Governor are working through very difficult financial matters every single year. This year, at stake are major cuts to the Medicaid program. What will those impacts be on Sound Shore Medical Center, on the heels of the failure of both St. Agnes and United Hospital. What will those cuts do to local nursing homes like Sarah Neuman (a $2.8 million loss)? This budget includes a battle over housing funds – and groups like the Washingtonville Housing Alliance, reeling from last year’s cuts, faces more of the same this year. We are in disagreement as well on cuts to higher education, increases in tuition to SUNY, which just jumped up two years ago, and underfunding to school districts. These disagreements are what cause late budgets – again.

Upstate needs disagree with New York City needs and vice versa. The suburbs fall in-between. Republicans control the Senate for nearly 40 years, and the Democrats control the Assembly for 30 years – the longest run of split control in the U.S. by far. Is it any wonder we also have late budgets? It must be said: Each chamber, and the Governor, have very different interests and attitudes they defend.

Some of the dysfunction has been reduced in 2005. Newly constituted Joint Budget Committees have been meeting, well in advance of the deadline, and making progress, outside of the “room with three men”. Rank and file in both parties and both chambers are being heard, if not heeded. But we appear to be heading for yet the 21st late budget in two weeks – even with the improved procedures.

We need more reform in our legislative and Gubernatorial system. My commitment is to continue to push for those structural changes.

Even more, we need a spirit of compromise, beginning with the citizens among us, who will recognize and reward those who are willing to find common ground at the cost of ideological purity. And we need to reject the absolutism of those so convinced they are right, and that everyone else is wrong, that deadlines never matter.


March 19, 2005

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Ebersole Ice Show — RHYTHM OF THE NIGHT — To Feature Over 100 Ice Princesses

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WPCNR PRESS BOX. March 19, 2005: Kristen Fuerst, Ebersole Ice Rink Skating School Director, is putting the finishing touches on the dress rehearsal for this evening’s annual Ice Extravaganza at “The Eb.” On schedule the last five days, youngsters from Tots to Advanced Free Stylers showed up on schedule to rehearse their routines and skates to music over the years. They skate tonight for parents, grandparents, and fans of the freedom of skating of all ages. The show is at 7 P.M. and admission is free.



Tonight’s the Night — the Axels Will Hit the Heights at Ebersole Rink’s Annual Ice Show, RHYTHM OF THE NIGHT. The Tots are shown rehearsing Friday evening.  Photo by WPCNR Sports



First Lady of the Ice: Kristen Fuerst, Skating School Director. Tonight is Ms. Fuerst’s tenth year of producing ice shows at Ebersole Rink. She and her staff volunteer their time to produce, rehearse and organize AND create the sets and decorations for the rink’s show. Tonight over 100 young skaters, including 30 soloists most from White Plains will showcase, fly and amaze. Photo by WPCNR Sports.

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Talking Trashers: Fan of Area’s Pro Hockey Team, on Why Fans Love the Bad Boys

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WPCNR VIEW FROM THE BALCONY. March 19, 2005: Those Bad Boys of Hockey, the Danbury Trashers, the scourge of the United Hockey League, the biggest fastest meanest men on ice are skating on the road in the hinterlands this weekend, but their fans follow them on the internet. A fan, reading the WPCNR feature on the Danbury Trashers exciting and well-supported first season in Danbury, has sent along this letter to explain why he and his friends head to The Hatter City (Danbury) for their hockey. He writes:



SHOT…SAVE! AND A HONEY BY STERLING. Danbury Trashers — The Men in Black in action. Photo, WPCNR Sports Archive.


Dear Mr. Bailey,
 

    No, the Trashers are not the old New Haven Nighthawks, but there are a couple of people in the Trasher organization that I know of who worked for the New haven franchise, along with quite a few fans that regularly attended New Haven games. I am one of those fans.

     New Haven’s Coliseum was closed down in 2001 following 75 years of hockey and is currently being demolished to make way for a theatre and a college, claiming that they could not compete with the opening of the Bridgeport Soundtigers Arena in 2000(?). Many of the old, hardcore, New Haven fans despise the Bridgeport Arena, a beautiful, much larger, and more modern facility than Danbury’s. 

     We choose the metal bleachers at Danbury mainly because of the atmosphere it provides and the excitement this team creates, (never a dull moment) and the fact that the “greatest owners in hockey”, the Galantes, have embraced the New Haven fans with open arms, as opposed to the Bridgeport organization who turned their backs on us. Also ticket prices are quite reasonable.

     I did attended 2 of the Bridgeport games in 2002 and it truly was “like a library”, the prices were high ($24.00 a ticket), and the atmosphere was boring as the style of hockey the Soundtigers played, I never went back.

     Danbury is the only arena/franchise in the Northeast that even comes close to the excitement that originally attracted me to New Haven hockey some 20 years ago and I will be purchasing season tickets in Danbury and looking forward to some very entertaining hockey for the upcoming 2005/2006 season.

 

Thanks again for that great article!

 

Vinny P.

West Haven, CT

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Ice Princess Does Her Long Program At City Center De Lux

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WPCNR SCREEN GEMS. From National Amusements. March 18, 2005: Ice Princess, Disney’s foray into the figure skating world for cinema entertainment premiers today at the City Center de Lux at, of course The City Center in downtown White Plains. Also up on the screen is Ring 2. The rundowns and schedule of showtimes:

THE RING 2 — Naomi Watts returns in this sequel to the horror blockbuster, THE RING, about a mysterious videotape which causes nearly everyone who views it to die in “seven days.” Rated PG-13

ICE PRINCESS — A high school bookworm wants nothing more than to be a figure skater, but her strong willed mother has her on a fast-track to Harvard. The Walt Disney Pictures film is filled with laughs and a few important lessons. Stars Michelle Trachtenberg and Kim Cattrall. Rated G.


Friday, March 18, 2005  
The Pacifier **(PG) –11:30 am; 1:55; 4:10; 6:35 pm. ;
Hostage (R) –1:45; 4:50; 7:25; 9:55 pm; 12:25 am. ;
Robots: The IMAX Experience (PG) –12:15; 2:30; 4:45; 7:10; 9:15; 11:30 pm. ;
Be Cool (PG-13) –1:10; 4:00; 7:20; 10:05 pm; 12:40 am. ;
Ice Princess (G) –12:50; 3:15; 5:35; 8:00; 10:20 pm; 12:40 am. ;
The Ring 2 **(PG-13) –1:00; 3:45; 6:30; 9:10; 11:50 pm. ;
The Ring 2 (PG-13) –1:35; 2:10; 4:15; 4:45; 7:00; 7:35; 9:45; 10:15 pm; 12:15; 12:40 am. ;
Million Dollar Baby (PG-13) –12:35; 3:35; 6:45; 9:50 pm; 12:35 am. ;
The Pacifier (PG) –12:00; 2:25; 4:40; 7:05; 9:25; 11:45 pm. ;
Diary of a Mad Black Woman (PG-13) –1:40; 4:30; 7:15; 10:00 pm; 12:35 am. ;
Hitch (PG-13) –1:30; 4:20; 6:55; 9:35 pm; 12:10 am. ;
The Jacket (R) –8:50; 11:35 pm. ;
Be Cool **(PG-13) –6:50; 9:40 pm; 12:20 am. ;
Robots (PG) –11:45 am; 12:45; 2:00; 3:00; 4:15; 5:15; 6:45; 7:30; 9:45 pm; 12:00 am. ;
Because of Winn-Dixie (PG) –11:40 am; 2:05; 4:25 pm. ;
Sideways (R) –9:05; 11:55 pm. ;

Saturday, March 19, 2005  
Robots (PG) –11:45 am; 12:45; 2:00; 3:00; 4:15; 5:15; 6:45; 7:30; 9:45 pm; 12:00 am. ;
The Jacket (R) –8:50; 11:35 pm. ;
Hitch (PG-13) –1:30; 4:20; 6:55; 9:35 pm; 12:10 am. ;
Diary of a Mad Black Woman (PG-13) –1:40; 4:30; 7:15; 10:00 pm; 12:35 am. ;
The Pacifier (PG) –12:00; 2:25; 4:40; 7:05; 9:25; 11:45 pm. ;
Million Dollar Baby (PG-13) –12:35; 3:35; 6:45; 9:50 pm; 12:35 am. ;
The Ring 2 (PG-13) –1:35; 2:10; 4:15; 4:45; 7:00; 7:35; 9:45; 10:15 pm; 12:15; 12:40 am. ;
The Ring 2 **(PG-13) –1:00; 3:45; 6:30; 9:10; 11:50 pm. ;
Ice Princess (G) –12:50; 3:15; 5:35; 8:00; 10:20 pm; 12:40 am. ;
Sideways (R) –9:05; 11:55 pm. ;
Be Cool (PG-13) –1:10; 4:00; 7:20; 10:05 pm; 12:40 am. ;
Be Cool **(PG-13) –6:50; 9:40 pm; 12:20 am. ;
Because of Winn-Dixie (PG) –11:40 am; 2:05; 4:25 pm. ;
Robots: The IMAX Experience (PG) –12:15; 2:30; 4:45; 7:10; 9:15; 11:30 pm. ;
Hostage (R) –1:45; 4:50; 7:25; 9:55 pm; 12:25 am. ;
The Pacifier **(PG) –11:30 am; 1:55; 4:10; 6:35 pm. ;

Sunday, March 20, 2005  
Hostage (R) –1:45; 4:50; 7:25; 9:55 pm. ;
Robots: The IMAX Experience (PG) –12:15; 2:30; 4:45; 7:10; 9:15 pm. ;
Hitch (PG-13) –1:30; 4:20; 6:55; 9:35 pm. ;
The Jacket (R) –8:50 pm. ;
Because of Winn-Dixie (PG) –11:40 am; 2:05; 4:25 pm. ;
Be Cool (PG-13) –1:10; 4:00; 7:20; 10:05 pm. ;
Sideways (R) –9:05 pm. ;
Million Dollar Baby (PG-13) –12:35; 3:35; 6:45; 9:50 pm. ;
The Ring 2 (PG-13) –1:35; 2:10; 4:15; 4:45; 7:00; 7:35; 9:45; 10:15 pm. ;
Be Cool **(PG-13) –6:50; 9:40 pm. ;
Ice Princess (G) –12:50; 3:15; 5:35; 8:00; 10:20 pm. ;
Diary of a Mad Black Woman (PG-13) –1:40; 4:30; 7:15; 10:00 pm. ;
The Pacifier **(PG) –11:30 am; 1:55;

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240 Main Back in Play. Berg Says Cappelli to Lower 240 Ht.. Hotel Coming.

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WPCNR MAIN STREET JOURNAL. By John F. Bailey. March 17, 2005: Bruce Berg, President of Cappelli Enterprises, confirmed today to WPCNR that Mr. Cappelli’s firm presented a plan to the Urban Renewal Agency this morning to lower the height of the affordable housing complex they propose for 240 Main Street to 5 stories from its previously planned 8 story height. Berg said it was an alternative presented to the Common Council and was 10 feet higher than Ginsburg Development Corporation had prosed for the “Donut Nook site,” parallel to the City Place drive.



Cappelli Offers to Cut Down 240 Main Street to 5 Stories, include swank cafe on City Place Drive. The controversial Donut Nook, Main Street Bookstore and Deli property being wrangled over by Developers Louis Cappelli and Martin Ginsburg. Mr. Ginsburg plans his 23-story pinnacle immediately in back of the Nook-Deli-Bookstore complex. Photo from WPCNR News Archive.


The proposal would have the downsized Cappelli affordable housing project provide 24 affordable units in the building and a restaurant on the first floor. Asked if the remaining 18 affordable units Mr. Cappelli owes the city under their Council’s 6% Reserve for Affordable Housing statute, would then be built at 221 Main Street, Berg said that has not been decided. He added that the remaining 18 units of affordable could either be built at a site the Common Council suggests or Mr. Cappelli would pay a fee in lieu of building the other 18 units. Cappelli had previously suggested he could build all 42 at another site in the city of the Council’s suggestion, rather than at 240 Main since the Council appeared opposed to that March 7.


In the matter of what firm will partner with Mr. Cappelli in constructing the hotel at 221 Main, Mr. Berg said he was working on the term sheet with the hotelier “now.”  Asked if the buyer was Donald Trump, Mr. Berg said it was a national firm. Asked if this was a national firm headed up with a man with blondish reddish hair, Mr. Berg laughed and said “No comment.”

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20-25 WPHS Students Rounded Up by Police At St. Patty’s Day Party Adjacent WPHS

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WPCNR POLICE GAZETTE. By John F. Bailey. March 17, 2005. UPDATED 5:45 P.M. E.S.T. : White Plains Police confirmed police broke up a “St. Patrick’s Day Party” involving underage WPHS students on Baylor Circle adjacent to the White Plains High School this morning. A police spokesman said he believed there were 20 to 25 students involved, who were transported by school bus to the Youth Bureau at Eastview School, where the students’ parents were being called.


Superintendent of Schools Timothy Connors, interviewed by WPCNR reports the fate of the students involved is under discussion at this time. He did not know how many students were involved. Connors said, “Some of them  were off campus legitimately, some of them may have cut class and we’re in the throes of investigating this.”


Asked if alcohol was on the premises Connors said he did not know at this time. He reports:


“I know the youngsters were off campus. We got a heads-up. We’re working with the (high school) administration now to figure out what was there and what aspects of our Code of Conduct may have been violated. When I know that, John, we’ll share that with you. I’ll get a full report from the school tomorrow and we’ll deal with it in the best interests of the students involved.”


Asked how the gathering was broken up, Connors said, “The high school administration made me aware of the situation and they had a plan to work with the parents and they implemented it, which involved getting the kids back to school and then determining what steps we’re going to take depending on what aspects of the Code of Conduct may have been violated.”


The police spokesman said the police were notified at 10:30 this morning about the party in progress.


Students say alcohol was available. The party, according to WPCNR information, was not a “spontaneous” event. The Police spokesman told WPCNR that Sergeant Howard Tribble was advising the school district on any statutory matters. The spokesman said no child was arrested or charged at this time and that the school was addressing the incident on the basis of Code of Conduct violations.


Students were said by knowledgeable parties to have left study hall and the campus to attend the “party.” WPCNR knows of two students approaching the location who saw police cars and did an abrupt about face and returned to class.


 

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