Hockley’s Attorney Applies for Same Judgeship as Nicolai’s Law Clerk

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. February 18, 2003: WPCNR learned Tuesday that one of Glen Hockley’s attorneys, Elizabeth Shollenberger, has joined Judge Francis Nicolai’s law clerk, Diane Lundin, and applied for the vacant judgeship on the White Plains City Court.

Within hours of learning for the first time late Tuesday that Ms. Shollenberger had applied for the position, Mr. Hockley asked her to resign as his attorney. Mr. Hockley told WPCNR his decision late Tuesday evening.

Ms. Schollenberger is the attorney formerly assisting Thomas Abinanti in Glen Hockley’s defense of the Attorney General’s quo warranto action against him on behalf of Larry Delgado. She is the author of the brief requesting Judge Nicolai recuse himself citing as one of the reasons for recusal, Ms. Lundin’s application for the city judgeship (that Mr. Hockley as a member of the White Plains Common Council would have to approve).

Mr. Hockley contacted WPCNR late last evening to report his decision to dismiss Ms. Shollenberger from his leagal team. The Councilman said that to be fair he could not demand the recusal of Judge Nicolai or removal of Ms. Lundin as law clerk on the quo warranto action if his own attorney on the case was also applying for the judgeship.

Application Just Under the Wire.

Ms. Shollenberger confirmed Tuesday afternoon to WPCNR that she had applied for the City Judgeship on February 9, the deadline for applicatios. This was five days after the Motion for recusal was filed (February 4). Asked why she had applied on the last day, Ms. Shollenberger said she had the application for some time and had simply waited until the deadline.

Ms. Shollenberger told WPCNR she applied for the judgeship because she felt her twenty years of experience qualified her to sit in White Plains and sit in judgement of the rights and responsibilities of individuals.

WPCNR asked Ms. Shollenberger why she felt her application for the judgeship was not a conflict of interest, whereas Ms. Lundin’s was. She said she was an advocate for Mr. Hockley, and made no secret of that, whereas Ms. Lundin’s position was that of a court attorney who is supposed to be neutral towards both parties, yet who could be perceived to have an interest in Mr. Hockley’s being on the council, or off of the Council.

Mysterious Leak

There is a mystery as to how Ms. Shollenberger’s application came to the attention of the media.

WPCNR contacted the Mayor’s Office to discover whether or not the list of applicants with the city’s Law Department could be released upon request. (The Law Department is where applications for the judgeship are rendered). George Gretsas, the Mayor’s Executive Officer, said the list of applicants was not subject to the Freedom of Information Act and that it was a matter of city policy that applications were not available to the general public for privacy reasons.

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Routine: White Plains DPW Tames “The Great White”

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WPCNR WEATHERSCOOP. By John F. Bailey. February 18, 2003: The City of White Plains was open for business at rush hour Tuesday morning taming the 15-1/2 to 18 inches of snow overnight. Roads at daybreak were clear in most neighborhoods, navigable and parking lots accessible. Motorists should use caution on turning into traffic at intersections due to high piles of snow on the corners.

The Cross Westchester Expressway was cleared with all three lanes wideopen. Motorists entering at entrances to I-287 should be aware the high piles of snow block your views of oncoming traffic in the right lane. Motorists should avoid traveling the far right lanes in both directions due to other cars attempting to enter the expressway. Roadbeds were cleared to the concrete and very little slush remained.

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WeatherScoop: Snow Winning. 14 to 18 Inches as of 4 PM. Triple Bypass?

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WPCNR WEATHER SCOOP. From National Weather Service. February 17, 2003: As of 4 PM Monday, the President’s Day Snow Storm had deposited from 14 to 18 inches of snow on White Plains with up to 18 inches on some flat terrain. Drifts up to 4 feet swirled into shovelled driveways, and built up on second story eves by whistling winds that were abating by late afternoon. City plows had hit most outer neighborhoods twice, but the snow kept on coming in, with a triple bypass needed. Roads into and out of neighborhoods were passable but traction tricky and slick. As of 5:30 PM, the edge of the storm to the West had passed over the New Jersey, Pennsylvania border. The complete National Weather Service Forecast predicts an end to the action by late afternoon-early evening. Here is the forecast:



AFTER TWO PLOWINGS by 4 PM, roads continued to take on snow at the rate of an inch an hour. Homes required two complete shovelings in 8 hours. Plowed Roads are slippery due to mix of sleet/snow at this hour.

Photo by WPCNR WeatherCam

…THE NATIONAL WEATHER SERVICE HAS DOWNGRADED THE BLIZZARD WARNING TO A WINTER STORM WARNING THROUGH EARLY EVENING…



FIND THAT ROAD: The view of Havilands Lane at 4:30 PM. Motorists are able to move out thanks to two plowings making outer neighborhood roads passable. The snowfall rate of an inch an hour is keeping city plow crews in a backtrack situation. View is from the WPCNR NewsCenter.
Photo by WPCNR WeatherCam


SNOW WILL TAPER OFF TO PERIODS OF LIGHT SNOW THIS AFTERNOON FROM SOUTHWEST TO NORTHEAST. THIS SNOW WILL POSSIBLY MIX WITH SLEET…ESPECIALLY NEAR THE COAST. STRONG WINDS WILL STILL GUST TO NEAR 40 MPH AT TIMES…VISIBILITIES BELOW 1/4 OF A MILE ARE NOT EXPECTED TO BE WIDESPREAD. WHILE WHITEOUT CONDITIONS ARE NO LONGER
EXPECTED…DRIVING CONDITIONS WILL REMAIN EXTREMELY DANGEROUS.

A FEW INCHES OF ADDITIONAL ACCUMULATION ARE STILL POSSIBLE… ESPECIALLY IN SOUTHERN CONNECTICUT…WHERE THE STEADY SNOW WILL LINGER THE LONGEST. TOTAL SNOWFALL AMOUNTS BY THE TIME THIS STORM WINDS DOWN THIS EVENING SHOULD RANGE FOR THE MOST PART BETWEEN 1 1/2 AND 2 FEET.

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WPCNR CINEMASCOOP: Harry Avery’s Oscar Picks

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WPCNR WHITE PLAINS VARIETY. CINEMASCOOP by Film Buff Harry Avery. February 16, 2003: WPCNR’s film critic, Harry Avery has been digesting the films of the 02-03 season and weighs in with his picks for Oscar winners. May we have the envelope, please?
Performance by an actor in a leading role

Daniel Day-Lewis in “Gangs of New York” (Miramax)
–Having been coaxed out of being a cobbler in Italy specially for this role, Day-Lewis did a brilliant job and deserves the Oscar-not that it’s hard to outshine the accents of DiCaprio and Diaz.

Performance by an actor in a supporting role

John C. Reilly in “Chicago” (Miramax)
–This was the Year of John C. Reilly, giving him four movies, three with noticeable roles (Chicago, Gangs, and The Hours). He deserves this for a lifetime of unrecognition.

Performance by an actress in a supporting role

Kathy Bates in “About Schmidt” (New Line)
–Outshining the great Jack Nicholson is no easy task, but Bates pulls it off in her own classic style.

Best animated feature film of the year

“Lilo & Stitch” (Buena Vista)
–Despite the big names in “Ice Age” and Matt Damon in “Spirit”, this movie was both heartwarming and entertaining–something the whole family could enjoy together.

Best documentary feature

“Bowling for Columbine” (United Artists and Alliance Atlantis) Michael Moore and Michael Donovan
–In his long-awaited Oscar nomination, Michael Moore shines in this brilliant, hard-hitting, and occasionally tear-jerking look and gun control and teen violence.

Achievement in film editing

“Chicago” (Miramax) Martin Walsh
–It’s not easy to convert an audience-pandering musical into a fantasy-inpiring movie, but Walsh pulls this off brilliantly.

Achievement in makeup

“Frida” (Miramax) John Jackson and Beatrice De Alba
–If just for making one of the most beautiful actresses of our time into the unibrow-ed Frida Kahlo.

Achievement in music in connection with motion pictures (Original score)

“Catch Me If You Can” (DreamWorks) John Williams
–The man is a god amongst men in composing.

Achievement in music in connection with motion pictures (Original song)

“Lose Yourself” from “8 Mile” (Universal) Music by Eminem, Jeff Bass and Luis Resto Lyric by Eminem
–An unlikely winner, but one has to imagine that the oft-violent Eminem would not be invited to such a red carpet event unless he had a purpose.

Best motion picture of the year

“Chicago” (Miramax) A Producer Circle Co., Zadan/Meron Production
Martin Richards, Producer

–How the Two Towers got in here, I’ll never know, but this movie is possibly one of the greatest stage adaptations of our time. Far outshining “Moulin Rouge” this movie has it all.

Achievement in sound/Achievement in sound editing

“The Lord of the Rings: The Two Towers” Christopher Boyes, Michael Semanick, (New Line) Michael Hedges and Hammond Peek; Ethan Van der Ryn and Michael Hopkins (New Line)
–Two Towers, though not one of the best films of the year, absolutely deserves technical awards galore.

Achievement in visual effects

“The Lord of the Rings: The Two Towers” Jim Rygiel, Joe Letteri, Randall William Cook (New Line) and Alex Funke

–This widescreen extravaganza was just as gripping and visually enticing, if not more so, as its predecessor.

Screenplay based on material previously produced or published

“Adaptation” (Sony Pictures Releasing) Screenplay by Charlie Kaufman and Donald Kaufman

–Goes without saying that this brilliant and original adaptation (an oxymoron not heard often) should win. The only question is if an honorary award will be given in memory of Charlie Kaufman’s fictional brother, Donald.

Screenplay written directly for the screen

“My Big Fat Greek Wedding” (IFC/Gold Circle Films) Written by Nia Vardalos
–Comedies are infrequently at best nominated in this category, or indeed in most categories, but aren’t the Oscars about making dreams come true?

–Harry Avery

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Weather Scoop: Blizzard ’03 Continues to Early Evening. 10 Inches So Far

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WPCNR WEATHER SCOOP. From the National Weather Service. February 17, 2003 UPDATED 12:15 PM:A furious snowstorm with winds gusting to 20 miles per hour and up paralyzed White Plains this morning, with 10 inches of snow, drifts up to 2 feet already fallen by 12 noon. Side roads and arteries disappeared from view, obscured by snow at daybreak.

White Plains “Mosquito Plows” were clearing side streets in the neighborhoods by midmorning. The snow is expected to continue until early evening. Snow was falling at the rate of an inch an hour by 12 noon, winds had wound down considerably, not as gusty. Clearing Tuesday with highs near 40. The complete Weather Forecast as of Noon follows:



ROADS UNRECOGNIZABLE AT 7 AM: The view from the WPCNR News Center indicates the extent of snowfall at daybreak Monday morning.
Photo by WPCNR WeatherWatch


URGENT – WINTER WEATHER MESSAGE
NATIONAL WEATHER SERVICE UPTON NY
1123 AM EST MON FEB 17 2003
…MAJOR WINTER STORM AFFECTING THE TRI-STATE REGION…

A NOR’EASTER WILL CONTINUE TO TRACK NORTHEASTWARD PASSING SOUTHEAST OF THE TRI-STATE REGION. SNOW WHICH BEGAN SUNDAY EVENING IN OUR REGION WILL CONTINUE TO BE HEAVY AT TIMES TODAY INTO THIS AFTERNOON BEFORE STARTING TO TAPER OFF TOWARD EVENING.

OCCASIONAL BLIZZARD CONDITIONS ARE EXPECTED TO ACCOMPANY THIS STORM AS WINDS SHOULD GUST BETWEEN 35 AND 45 MPH AT TIMES.

HEAVY SNOW WILL CONTINUE TO FALL THROUGHOUT MUCH OF THE DAY. THIS SNOW MAY MIX WITH SLEET ALONG THE COAST AT TIMES…BEFORE TAPERING OFF TOWARD EVENING. OCCASIONAL BLIZZARD CONDITIONS ARE EXPECTED AS WINDS WILL GUST BETWEEN 35 AND 45 MPH AT TIMES. THIS WILL PRODUCE
WHITEOUT CONDITIONS WHICH WILL MAKE DRIVING EXTREMELY DANGEROUS.

TOTAL SNOWFALL AMOUNTS BY THE TIME THIS STORM HEADS OUT TO SEA TONIGHT SHOULD RANGE FOR THE MOST PART BETWEEN 1 1/2 AND 2 FEET.

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Charge for Sectionals Hockey Game a Little Rich.

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WPCNR PRESS BOX. By John F. Bailey. February 15, 2003:At Ebersole Rink Monday afternoon, White Plains High School will play Ossining in the opener of the Section I Hockey Sectionals. The sign on the rink, says admission charge is $6 per person. Think about that for a moment. Six dollars a person? Does that mean that a person has to pay also $6 for each child they bring? Are there skyboxes? Admission charges for high school events are all over the lot. Some schools charge admission, some do not. And where does the money go?
I am taking the liberty of not conducting an investigation of this $6 charge. Ebersole Rink managers told WPCNR the $6 goes directly to the school and they had nothing to do with it. I will check into this, but right now I am invoking the Official News Columnist’s Right to Give My Opinion Without Checking the Facts License. So forewarned, here is my take on admission charges:

Before I get going I want to say the White Plains Hockey team has had a great season, and this is not directed at them or the high school in anyway, it is directed at the very clandestine, secretive management of high school athletics in the county:

Let’s adapt a consistent admissions policy. Let’s say where the money goes up front. Let’s report gate receipts and what they are used for, and who gets to decide what to do with the money. And let’s adapt the same admission policy for every sectional and non-sectional event. You go up to Gorton in the fall and you pay a $3 admisson to a football game. You go to WPHS at Parker Stadium, there is no admission charge. Can the high schools agree on some consistency?
Can there by a code of conduct, some auditing? Theorectically some enterprising students could set up a table and charge admission and no one would be the wiser.

But, I think charging anything over $2 for a high school event is pushing it, especially when you are not guaranteed a good or actual seat. Besides that the quality of athletic event is poor. Sectional playoffs in all high school sports contain a vast number of humiliating blowouts because of the seeding, create ill-will between communities, occasionally cause near riots, are hideously officiated (homering is popular) and do not really prove anything. You are not in a hockey game for example, even guaranteed a seat especially at Ebersole Rink, which I dearly love by the way, but the seating is very poor.

You have to be kidding me with a $6 admission. Whoever set that has to have their head examined. Hopefully, sectional officials will get back to me with a noble defense of their admission charges.

Six dollars. You have to be nuts!

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Teen Umpire Training and Paid Umpiring Positions Available with WPLL

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WPCNR PRESS BOX. Special to WPCNR. February 15, 2003: The White Plains Little League is looking for a few tough young men and women to officiate minors softball games (9 & 10 years) of age. Teens must have poise, be in control of their emotions and able to concentrate and project an air of authority, expertise, and be able to summon courage in a “rhubard,” with the dignity to stand by their call in the face of pressure. Here are the details:
LEARN TO UMPIRE GIRLS FAST PITCH SOFTBALL.

THE WHITE PLAINS LITTLE LEAGUE has started an umpire training program for girls fast pitch softball. Training will be provided so that you can learn to officiate games in our Minors (9-10 year old) Division. These are paid positions. Trainees will be paid $15.00 per game, when working with an experienced umpire. After training and experience, candidates will be certified to officiate games by themselves for $20.00-25.00 per game.

GIRLS & BOYS AGES 13 AND OLDER interested in participating in this program or for more information contact Mr. L. Petralia, AT 914-949-5797 OR 428-8587. No experience necessary, but familiarity with the game and positive attitude helpful.

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Snow Blow to Greenburgh Budget

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WPCNR GREENBURGH GAZETTE. From Town Supervisor Paul Feiner. February 14, 2003: This week’s dispatch from Greenburgh by Town Supervisor Paul Feiner details the budget damage done by the snowy 2003 winter. Here is the Supervisor’s Report:

Greenburgh Snow removal labor costs have consumed approximately 40% of the overtime budget of $ll0,000 in the highway Department as of February 5th payroll. The cost of purchasing sand and salt has consumed approximately 50% of the $225,000 budget for this purpose. Snow removal costs in 2002 were minimal until the Christmas Day snowstorm. Crews earn triple time during holidays, double time on Sundays, time and a half overtime during weekdays after work and on Saturdays.
Greenburgh Snow removal labor costs have consumed approximately 40% of the overtime budget of $ll0,000 in the highway Department as of February 5th payroll. The cost of purchasing sand and salt has consumed approximately 50% of the $225,000 budget for this purpose. Snow removal costs in 2002 were minimal until the Christmas Day snowstorm. Crews earn triple time during holidays, double time on Sundays, time and a half overtime during weekdays after work and on Saturdays.

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The Quo Warranto Intermezzo: Attorney General’s Action Adjourned Again

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WPCNR WHITE PLAINS LAW JOURNAL. Special to The CitizeNetReporter. February 14, 2003. UPDATED, February 15, 2003: The usual suspects appeared before Judge Francis Nicolai in Supreme Court in White Plains Friday morning. The judge asked if attorneys for Mr. Delgado and Mr. Hockley had filed all the papers they wished to on Mr. Hockley’s motion for recusal of Judge Nicolai. When the attorneys said they had, the Judge adjourned the proceeding with no further action taken. This information comes to us directly from the Court Reporter who transcibed the action. The court reporter said the actual time in session was 4 minutes.

Jeffery Binder, attorney for Larry Delgado, confirmed Saturday that Judge Nicolai has assigned another law clerk to work with him on this case, replacing Diane Lundin, the woman who is applying for a city judgeship. Ms Lundin was named in Mr. Hockley’s motion for recusal because her application for a judgeship presented a conflict of interest for both the judge and Mr. Hockley.

Binder said Judge Nicolai lead him to believe that the Judge would have a decision on whether or not to recuse himself by February 20, next Thursday.

Binder noted that if Nicolai took himself off the case, that the next judge assigned might rule on the Hockley motion to dismiss the case for failure to be filed in a timely manner (four months after the election).

The Hockley-Delgado fracas has now gone on one year and one day from the actual day when the Delgado-Hockley matter was argued before the Court of Appeals in Albany. The Court of Appeals then took one month to uphold Hockley’s appeal, thus launching the quo warranto proceeding now in process

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