King Komments:Aggressive Cleanup of Bronx River, Hale Ave, Mamaroneck Riv

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King Komments By White Plains City Councilman William King, Updated 03/19/02: Councilman William King, the “One Man Environmental protection Agency” on the Common Council, has been discovering to his horror, the shabby state of Westchester County-owned parklands in the city of White Plains. He’s also calling for city annexation of two Hale Avenue lots for parks and extensive cleanup of the Mamaroneck River within the city on April 6. Here are his latest observations with a call to action as Earth Day approaches.
We really have to put some fences up across the streams and stormwater flowages into the Bronx River from White Plains. Greenburgh and North Castle should too.

I just walked the river banks north of the County Center again over the weekend and the litter and trash on the banks is atrocious. Too much litter is flowing into the Bronx River. We have to catch it before it gets into the river. The river is being seriously affected by “non point source pollution.”

Calls for “Litter Catchers.”

We could have volunteer litter cleanups every other weekend all year long and we would not be able to catch up with the new litter floating in.

I will try to sponsor as many volunteer litter cleanups this year in the Bronx River as possible but I need some immediate action by the municipalities that they will do their civic duty in installing the fences and then starting having regular “litter catcher” cleanouts (at least once a week). We should install tight mesh screen fences that go below the water line and several feet above that would be several feet in front of every storm drain that pours directly into the Bronx River or into one of its tributaries. These Litter Catchers will catch the “floatables” before they wash further downstream.

Squatters Noted.

I noticed many birds nesting in this area but it must be so lousy for them nesting amongst all the trash. Needless to say, all the litter in the river and along its banks and tributaries makes it totally uninviting to people, save for a few squatters here and there that I have noticed evidence of, and puts the whole Bronx River area in the “loser” category.

We’ve got to get serious and get on top of this lousy situation.

Storm Drain Mesh Covers Urged

We should also install new steel mesh covers over some of our existing storm drains which we know from cleaning out are in the more problematic litter areas. I noticed such covers recently over the manholes in Norwalk, Ct. which also has a riverfront area they are way ahead of us in reclaiming.

The whole Bronx River Parkway Reservation could be so much nicer and more pristine – otherwise, why have it?

The city of White Plains and the towns of Greenburgh and North Castle have to get more proactive about helping keep this county parkland cleaner. We all have to jump on this one – right now.

City should Annex Hale Avenue Trash Sites
I would also like to mention that there is a really strong argument for the city acquiring the vacant, overgrown lots on each side of the north end of Hale Ave. next to Fortunoff’s and across from the Westchester Pavilion for a neighborhood playground and extra open space/parking space.

The lots have just sat there for years and years and all kinds of trash have been dumped on them and not picked up by the owners, totally blighting the neighborhood. I picked up all the tires there and stacked them along with other major pieces of trash. This can’t be happening in our city while we are on the watch.

“Outdoor Junkyard” in Mamaroneck River

I was checking out this stream that runs behind the 2 lower income apt. buildings on the east side of Lake St and the County DOT garage in Harrison, just below Silver Lake. Just north of the northern building in the little woods there I noticed a big metal desk and other items that make it look like some kind of “outdoor junkyard office” or it could even be used for some kind of rudimentary outdoor sleeping accomodations.

I think this is City land. Can we (the city) check this out and, if on city property, clean this area out? Per the Rec Master Plan, I want to have some Boy Scouts and other volunteers clean out the stream along Delfino Park, from the I-287 bridge north to the Silver Lake dam. But if this big mess in the woods is there, the scouts and volunteers will feel their efforts will be in vain.

I would like to do the stream cleanup on Sat., April 6. Can the (Department of Public Works) guys get that desk and other big junk out there? I also think we need to cut back the dense overgrowth there by the stream so people can get to it and use it and so we can get the litter and trash out of there. Do we have such a crew?

Thanks, Bill King

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School Board Impressed with first set of 5 Superintendent Candidates;

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WPCNR Morning Edition, by John F. Bailey, 3/18/02, 11:00 AM EST: The President of the Board of Education reported to WPCNR Monday that Saturday’s opening round of talks with candidates for the vacant Superintendent of Schools position went “very well.” Tonight, the public is invited to the first presentation of the 2002-03 school budget at Education House at 8 PM.

Hazard, Young and Attea, the superintendent research consultants, said they would deliver between 3 and 6 candidates for White Plains to consider and they have done that.

Donna McLaughlin, President of the Board, delivered a report on the first round of superintendent interviews which commenced Saturday morning in Rye Brook, at a secluded local hotel.

Two Sessions.

McLaughlin said the full board interviewed the first set of candidates for two hours each Saturday morning, and are planning to bring in another set of candidates Wednesday evening.

McLaughlin described the interviews as having gone “very well, I’m very excited. We still have more to go, John. We only did the first set, we have another set coming up. It’s hard to say until I get the whole picture.”

WPCNR asked if she was impressed with the slate, her comment: “So far.”

Screening Committee Will Quiz 2 or 3 Finalists

McLaughlin disclosed that five candidates are being interviewed, with the second set coming in Wednesday evening: “We’re going to weed them down to two or three, then bring them back in in a couple of weeks. At that time we’re going to bring in another committee to join us (in the finalist interviews).”

McLaughlin said this screening committee would be made up of the Presidents of the 3 unions (White Plains Teachers Association, Civil Service Employees Association, and Administrators and Supervisors Association), a citizen at large, a representative from Centro-Hispano, and a PTA Co-President.

They’re coming to White Plains from all over.

McLaughlin said the candidates were not exclusively from the Northeast, but “from all over. We asked all kinds of questions, tried to cover the gamut.”

She said she was impressed with the answers she got: “We have to interview everybody, and weed it down, based on their answers.”

When asked what role salary would play in this, McLaughlin said, “We haven’t discussed it. Our number one criteria is the best candidate for White Plains. That’s our criteria.”

In other Board activity…

The Board of Education will hold its first public hearing on the 2002-03 School Budget tonight at Education House at 8 PM. The budget is expected to decline slightly from its last level which was over $127MM with an increase the same as last year, 7.1%.

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Amy Paulin’s Albany: Amy’s Campaign Spending Curbs Headed to Senate

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From the Albany Offices of
White Plains’ Assemblywoman

Amy Paulin announces passage in the Assembly of her campaign finance reform measure designed to stem the influence of special interest money on elections. It now awaits Senate consideration.

“It’s time to restore public confidence in the way elections are run in New York,” Paulin said. “This legislation helps open up our election process and rebuild faith in our democratic system.”

Paulin sponsored the Campaign Finance Reform Act of 2002 to provide public matching funds to campaigns for state office that limit contributions and campaign spending (A.8524a).

“To reform how political campaigns are financed, we must first curb the vast sums of special interest money,” Paulin said. “Publicly financed campaigns will help protect the integrity of candidates and the legislative process.”

Income Tax Checkoff Ready for Signing

The legislation also creates an income tax check-off to help build a non-partisan, state-controlled campaign fund for eligible candidates. In addition, the legislation:

• sets limits on the amount of money that can be donated to candidates or political committees;
• closes loopholes that allow corporations to avoid campaign contribution limits by funneling donations through subsidiary companies; and
• bans fundraisers by state legislators or statewide candidates within 40 miles of Albany during the legislative session.

Turns Soft Money Hard

The legislation bans unlimited ‘soft money’ contributions to political parties’ housekeeping accounts. Those accounts are currently exempt from the contribution and receipt limitations applicable to campaign accounts.

Assembly sensitive, Paulin says. Urges Senate cooperation.

Paulin noted that the Assembly has consistently passed legislation to reform the way campaigns are run and financed in New York:

“The Assembly has a strong record of supporting reforms to the state’s arcane campaign finance system,” Paulin said. “Unfortunately, the Senate and governor have failed to share our sense of urgency. I urge them to join us in enacting these initiatives this year.”

Paulin’s aggressive stance on campaign finance reform grew out of her having served as president of Westchester’s League of Women Voters, and on the Westchester Campaign Finance Commission, which recommended the public financing of county campaigns.

“Sponsoring this legislation is part of my ongoing commitment to a fair and positive election process in New York State,” she concluded.

Assemblywoman Amy Paulin of the 88th Assembly District represents the city of White Plains in Albany. She reports regularly to WPCNR on issues affecting White Plains. You may reach her at (914) 723-1115, in Westchester, or in Albany at (518) 455-5585, or e-mail the Assemblywoman at

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Rotunda Roundup: Council votes 5-1 to study Splitting Police Fire Ops

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Saturday Special from City Hall, Filed 3/16/02, 3:00 PM EST: The Common Council voted 5-1 Friday morning to hire CGR, the Center for Government Research, to conduct a study of the White Plains Department of Public Safety.
The sweeping study will interview police, firemen, managers, city officials, citizens and outside sources to conduct a sweeping analysis of the efficiency, economy and effectiveness of White Plains Police and Fire Department operations and organization according to the proposal.

The study will cost the city $84,000, and will be completed, it is hoped by July.

Councilman William King was the only dissenting vote. Mayor Delfino, who is of the opinion that “if it ain’t broke, don’t fix it,” according to a City Hall spokesman, voted for the measure, to assure “that once and for all we can put this question (of Public Safety Department organization) behind us.”

In other City Hall Happenings: The Mayor’s Office announced it was moving the Human Rights Commission from the Thomas Slater Center to the first floor of the Planning Department annex. The purpose, the Mayor’s Office said, was to give the Center back the space it lost when it gave over the second floor of the Slater Center to the Digital Divide Computer Center. Loss of that space, Slater Center said, has cramped their day care and after school programs. The city made the move to correct this situation.

The Planning Department is moving upstairs in the Planning Department annex. Planning Commissioner Susan Habel was moving boxes upstairs herself yesterday.

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Glen Hockley Sworn In as Sixth Councilman at City Hall

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Six O’Clock Lightning Edition, By John F. Bailey, 5/15/02, 6:30 PM: Glen S. Hockley was sworn in today by City Clerk Janice Minieri in the Clerk’s offices at City Hall at 12:15 PM Friday afternoon. After Adam Bradley delivered the official Board of Elections Certification Certificate and election results to Ms. Minieri, Mr. Hockley took the Oath of Office and signed the “Oath Book,” officially bringing to a close the 2001 Elections.

“I SOLEMNLY SWEAR:” Glen Hockley takes the oath of office as City Councilman today, with Janice Minieri administering the oath.
Photo by WPCNR

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White Plains Week Friday: Adam Bradley Calls for New Voting Machines

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Friday Getaway Gazzette, By John F. Bailey, 3/15/02, 4 PM EST: Adam Bradley, discusses the Thursday Court of Appeals ruling reversing the lower courts’ calls for a new election in White Plains, on the Friday night edition of White Plains Week, the city news round-up show this coming Friday evening at 7:30 PM on Public Access Channel 71 in White Plains. He calls for new voting machines, and suggests possible primary of Assemblywoman Naomi Matusow, if she remains opposed to sales tax for White Plains.

THE PERRY MASON OF WHITE PLAINS, Adam Bradley, is seen (second from right), appearing at the Friday morning taping of White Plains Week with Alex Philippidis, left, of Westchester County Business Journal, John Bailey, The White Plains CitizeNetReporter, and Jim Benerofe, far right, Editor of, on the City News Roundup Show, WPW.The lively exchange with the relentless attorney commenting on the statewide impact of the Court of Appeals decision can be seen next Friday at 7:30 PM.
Photo by Lyn Storey

Calls for new voting machines to prevent future jams.

The head of the White Plains Democratic Party City Committee calls for the new 6-0 Democratic Common Council to install new “high tech” voting machines for the city as a major priority on their agenda to avoid future voting machine counting problems (in light of the Court of Appeals decision).

Mr. Bradley appears as a guest on WPW to discuss the historic decision which he argued, that decided the White Plains disputed Councilman election after 128 days. He is interviewed by John Bailey, the White Plains CitizeNetReporter, Alex Philippidis, Editor of Westchester County Business Journal and Jim Benerofe, Editor of Suburban

In a freewheeling analysis of the implications of the Court of Appeals decision, Mr. Bradley discusses the quo warranto process of approaching the Attorney General. Quo warranto is the only avenue remaining open to Larry Delgado to pursue a remedy to the jammed voting machine in District 18. The Court of Appeals, responding to Mr. Bradley’s argument of February 14, reversed the Trial Court and Appellate Court decisions calling for a new election in the city yesterday.

Their unanimous ruling allowed Glen Hockley to be sworn in as the sixth Common Councilman at 12:15 PM last Friday.

MR. WHITE PLAINS LAW AND THE DEAN: Adam Bradley left, and Jim Benerofe, “The Dean of White Plains Journalism,” relax after videotaping Monday’s edition of White Plains Week
Photo by WPCNR

New Assembly District Guidelines: primary of Matusow threatened.

Mr. Bradley also discusses the proposed new Assembly Districts released by Albany that move present Assemblyperson Amy Paulin more into Scarsdale and New Rochelle, and gives Naomi Matusow, Democratic Assemblyman for the current 89th district, most of White Plains.

Bradley outlines the circumstances in which he feels White Plains Democrats might primary Ms. Matusow who is up for reelection this fall.

Bradley remarks that he hopes Matusow will change her traditional opposition to sales taxes, and support the sales tax White Plains needs, in order to avoid a 30% property tax increase.

The City Committee Chair said that he hoped Ms. Matusow, a 10-year Assemblywoman, would listen to her new constituents’ concerns and support the White Plains 1/2% sales tax, otherwise he would have to give strong consideration to putting up a candidate to primary her.

The White Plains Week program is cablecast Friday evening at 7:30 PM on Public Access Channel 71.

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School Board to Interview Superintendent Candidates Sat, Wed.

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Milkman’s Matinee News, Special to WPCNR, 3/14/02, 1:30 AM EST: School Board President Donna McLaughlin advised the PTA Council last night that the Board would be interviewing six candidates beginning this Saturday for the post of School Superintendent. She made the statement at the monthly meeting of the PTA Council.
According to a WPCNR observer, the topic of the superintendent search was not raised until a little before 10 PM, when President McLaughlin brought the subject up on her own. Our correspondent reports Ms. McLaughlin told the PTA Council the Board would interview six candidates with some interviews conducted this Saturday and next Wednesday.

McLaughlin told the Council the plan is for the Board to select two “finalists” from the six, and then conduct a second round of interviews, with a select number of members of the PTA and community groups present at the interviews.

They will be meeting “mover and shaker” types, according to the consultant heading the Superintendent search.

Dr. John Whritner, one of the Hazard Young & Attea consultants fielding candidates for the Superintendent position, last week told us he is bringing in strong candidates for the job. As of last week he said there were four and hoped to bring in two more.

Whritner said the circumstances surrounding Dr. Yanofsky’s departure were not a detterrent to quality superintendent candidates. He reported candidates approached about the job around the country, on the contrary, are impressed with the district’s high interest and passion about education. Candidates, he said, love White Plains history of making a substantial, sustained budget commitment to their children, year after year.

He said they are eager to accept the challenges articulated by the community. He reports candidates look upon White Plains as a chance to address major educational concerns of today in a great school district and personally make a difference.

In other news from the PTA Council

Board of Education members were asked by the members of the council about their goals for the district.

According to the WPCNR reporter present, Ms. McLaughlin said she wanted to provide tools and leadership to improve academic performance, focusing on policy. Later, in discussing the budget, Ms. McLaughlin said she would prefer in the next school budget process to start from zero and build a budget from there, rather than asking the schools what they wanted, then cutting it down.

Dorothy Scher said she thought bringing a new superintendent on who would stay for more than three years and bring stability to the school district staff was her key issue, rather than changing leadership every three years.

Larry Geiger said he sought to work to keep White Plains a school district of choice where people choose to come here because of the school district.

Michelle Tratoros said she was very concerned about addressing “the acheivement gap” documented by the eighth grade middle school tests. On those tests, white and Asian students scored 50% better than black and Hispanic students.

Dr. Saul Yanofsky was asked about evaluation of programs. He said that was hard to do in a scientific way, according to our correspondent.

Yanofsky illustrated the problem by saying anecdotal evidence indicates that the Newcomer Center is working well. But, he said, to scientifically evaluate the difference the Newcomer center makes, you would have some new children in the district go directly to Kindergarten, with other children sent to the Newcomers Center and track their progress.

Our observer said that the lack of discussion on many future concerns especially the superintendent search was because of the presence of Dr. Saul Yanofsky. It was our observer’s feeling that the council members felt uncomfortable about talking about White Plains school matters that Yanofsky would not be responsible for any more.

Our correspondent said so many future matters depended on who the new superintendent is, and this became apparent on many issues brought up.

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Delgado Mulls Quo Warranto Hockley Staffs Up, “Walk-Abouts” to Start

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Midnight Special Edition by John F. Bailey, 3/15/02, 12:30 AM EST:Larry Delgado, now officially by order of the New York State Court of Appeals Thursday, former Councilman Delgado, told WPCNR Thursday evening that he had not made up his mind whether to take a quo warranto proceeding to the Attorney General’s office.
In a statement to WPCNR by telephone, Delgado said,

“I’m in very good spirits. I’m glad we have some clear direction from this court. The clear direction is the proper way is through a quo warranto proceeding. The court wiped the slate clean on prior case law, and set a new direction which is ‘go tell it to the Attorney General.’”

A lot of thinking to do before he proceeds :

“I have to sit and consider all the options, as far as the time involved, the financial, the impact on the city and its citizenry of such an action. I have much to consider. So I’m not going to jump and say I will or I will not go through with a quo warranto proceeding.”

He noted that the Court of Appeals recognized there was a wrong committed, saying,

“What the Court left undisputed was there was a wrong committed, there was a broken machine. That everybody’s votes were counted except mine. The result of that injustice was that I lost the election. I still feel it’s something I had to do because to not complain that there was an improper machine count would not have also been proper. I don’t mind losing, it’s just the way it occurred it’s not right.
The voters were disenfranchised in that district (18) and that’s too bad.”

Hockley gears up to assume the sixth Council seat.

Glen Hockley speaking to WPCNR Thursday, said he is eager to assume his seat, which we have learned will be “in a few days” after the Board of Elections certifies his election. Board of Elections computers were down Thursday, according to the Mayor’s Office, so certification could not proceed.

Hockley had been campaigning in anticipation of the new election that now will never be. He told us he had knocked on 3,246 doors during his second campaign, not all had answered, and he said he had asked all he had talked to “what their concerns were.” He revealed that the main concern he found, to his surprise, was “speeding through the neighborhoods.”

Asked what those he spoke to felt about the New York Presbyterian Hospital proposal, Hockley said he found it was not a prominent concern with most residents he talked to. He said some even wanted the New York Presbyterian Hospital biomedical complex to be built. Some did want a park. He said tenants, especially in the downtown, he had talked to were not concerned about it, one way or another.

Hockley Promises “Walk-abouts Tours” to all Neighborhoods.

He said, that even though he was now an “official” politician, he would, within a couple of weeks begin regular “walk-abouts,” two neighborhoods at a time, to continue to keep in touch, resident-to-resident, and “listening to people.”

Contemplates reassembling his campaign advisory staff.

Mr. Hockley told WPCNR he would move very quickly to bring the city personalities who had helped him in his campaign on board again to help him represent the city effectively.

He gave much credit for his strong run against Mr. Delgado to Arnold and Ann Bernstein, campaign managers, Jonathan Appel, his Treasurer, Bill Campbell, President of the Tenants Association, Ginny Scanlan, Henry and Luisa Chapman who directed his volunteers, Rafael Vega, a District Leader, and Rosa Boone, Executive Director of the Coalition of the Hungry and Homeless. He said Melody Hockley, his wife, would continue as his Information Officer.

He made a point of thanking these people who had worked for him. He wants them back with him, if they are willing, as he prepares to start his work for the city. He wants them to continue their input as he begins, because they “resemble a good cross section of the city.”

He said he would also, of course, be consulting with his Democratic colleagues on the Common Council, and County Legislator William Ryan.

In his statement to the media at Mr. Bradley’s offices earlier Thursday, Hockley said he looked forward to working with “his good friend,” Larry Delgado, too, on city issues in the future.

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Bradley Credits Detailed Case Law for Favorable Reversal. Latest News.

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5 O’Clock Report By John F. Bailey, filed 3/14/02, UPDATED 5:00 PM EST: Adam Bradley, Glen Hockley’s attorney, whose arguments won an historic reversal from the Court of Appeals today, credited the decision favoring his client, Glen Hockley, with his detailed presentation of case law, showing that quo warranto proceding had only been waived once and that was because of a death in office.

SUNCIN PAYS OFF FOR HOCKLEY BRADLEY TEAM: With smiles a legal brief wide, Glen Hockley, left, and Adam Bradley, his relentless attorney, relax in Mr. Bradley’s office Thursday afternoon in a WPCNR interview. Hockley said “He was ready to go,” on the council and “euphoric” about the decision. He said he planned to begin his walking tours of White Plains neighborhoods shortly. Bradley told WPCNR that any further legal action would involve Mr. Delgado filing a request for a quo warranto procedure with the Attorney General. Bradley said the Attorney General only has to decide whether a court action is warranted. He said that any court decision unfavorable as a result of that action would likely be appealed. City Hall said Thursday afternoon, it had learned that certification of Mr. Hockley by the Board of Elections is being delayed “a couple of days” because the Board’s computers were down, so it would be “a few days” before Mr. Hockley was certified allowing him to be sworn in on the Common Council. “Suncin” is Japanese for “focus,” a trait that Mr. Hockley says he lives in his karate training and his community service.
Photo by WPCNR

“The court listened very carefully, to my summary of case law,” Bradley told WPCNR this morning in a telephone interview.. “There has only been one case where quo warranto was not available, (the Shiels case, 1937) where a declaratory action was undertaken, and that was because an incumbent died in office.”

Bradley detailed the arguments for WPCNR weeks before the Court of Appeals decision handed down today. Bradley said he had no problem with the Larry Delgado camp filing a quo warranto procedure with the Attorney General, as suggested by the Court of Appeals.

Where are the affidavites?

However, he did say that he was surprised that the Delgado forces had not presented sworn affidavites from voters in District 18 who said they had voted for Delgado. Such affidavites, Bradley said, were routine procedure when election results are contested.

In any quo warranto procedure with the attorney general, should the attorney general grant it, affidavites, with evidence of the voting machine breakdown would buttress the Delgado case. The quo warranto procedure is “legal proceding undertaken to recover an office, franchise, or privilege from the person in possession, initiated upon an information.”

The next step in the procedure to install Glen Hockley as the sixth Common Councilperson is for the Board of Elections to certify his election as stands, including the District 18 results as of November 6.

In that proceeding Mr. Hockley defeated Mr. Delgado. However, Delgado received 100 votes less than his Republican running mates, Mike Amodio and Robert Tuck, whom he had been running ahead of in every district. Had Delgado received the 100 votes or so that he felt had been taken away by a jammed voting machine, Mr. Delgado would have been thewinner. The voting machine was discovered, upon court-ordered inspection, to have jammed on election night.

The Court of Appeals decision today clears the way for Glen Hockley to be sworn onto the Common Council without a new election. Only after Hockley is seated can Mr. Delgado, based on the evidence of a jammed voting machine, petition the Attorney General Elliot Spitzer for a jury trial to find a remedy. Mr. Spitzer has to consider whether or not to open a proceding should Mr. Delgado petition the Attorney General.

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FLASH!Court of Appeals Reverses Appellate Decision. Hockley Can Take Seat

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FLASH! By John F. Bailey, 3/14/02, UPDATED 11:25 AM EST: The New York State Court of Appeals this morning, in a 8-page decision, has dismissed the Appellate Court ruling calling for a citywide election in White Plains to decide the disputed Larry Delgado/Glen Hockley District 18 voting machine jam. The ruling effectively means Glen Hockley can take a seat on the Common Council after the Board of Elections certifies the election results.
Buys Bradley Argument All the Way — Delgado has one recourse– the Attorney General

In the concluding paragraph of the brief, the Court of Appeals said they did not accept the caselaw cited by John Ciampoli, Mr. Delgado’s attorney, allowing for a declaratory judgment action.

The judges upheld Adam Bradley’s argument that Mr.Delgado’s only relief was to file a quo warranto action with the Attorney General’s office. Mr. Bradley, in a WPCNR interview, explained his principles of argument in detail. He also argued that only the legislature had the authority to change the law. And, the Court of Appeals agrees.

Ciampoli, Delgado’s attorney, commenting to WPCNR moments ago said that he expected his client, Delgado, would file a letter with Attorney General Elliot Spitzer requesting a quo warranto proceeding.

The decision appears to be asking the Attorney General to step in:

Ciampoli’s reading of the case, he says, indicates that the Court of Appeals wants the Attorney General to set up a proceeding to address the issue, or else “they will.”

However, the seven Court of Appeals judges unanimously declined to break new ground in election law, which had been Adam Bradley’s (the Hockley legal counsel) argument all along.

The key text:

Delgado and Supreme Court below relied on Matter of Felice v Berger (1992), in which the Appellate Division converted an Election Law article 15 proceeding into a declaratory judgment action, declared the election invalid and ordered a new election because of a defective voting machine. In converting the proceeding the Felice court, however relied on dicta from other lower court cases.

The only other authority that arguably supports the availability of a declaratory judgment action as an alternative to quo warranto is Shiels v. Flynn(1937). In Shiels, however, unlike this case, quo warranto was not available because the declared officeholder had died and the aggrieved candidate, who sought to establish the term of the office, had been appointed to fill the vacancy. Irrespective of the validity of Shiels, the Corrigan dicta should not be read as supporting the availability of a declaratory judgment action, commenced before the declared winner has taken office, to resolve a challenge such as the one raised here.

Delgado nonetheless urges that, entirely independent of quo warranto, when there are circumstances such as those presented here, the courts should determine whether the irregularity affected the election process and be empowered to order a new general election. We do not find such authority under the statute (See Election Law 16-1024) or decisional law. If such authority is to be accorded the courts, it should be by act of the Legislature.

In sum, quo warranto is the appropriate remedy in this case. We need not determine at this time whether a declaratory judgment action might lie as an alternative remedy where quo warranto has ceased to be available to the aggrieved candidate because the Attorney General has declined to act (various cases cited). Nor need we address Hockley’s remaining arguments.

Accordingly, the order of the Appellate Division should be reversed without costs and the petition dismissed.

The complete decision can be downloaded from the Court of Appeals Website, by clicking on “Latest Decisions,” Clicking on “March” and clicking on the Delgado vs. Sunderland line. The Court of Appeals website can be reached by going to White Plains Links on this site, and going to Courts in the News, and clicking on the CofA site.

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