Juggernauts: The Southwest Swing

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WPCNR PRESS BOX. By Fastpitch Johnny & From Juggernaut Reports. June 9, 2004: The New York New Jersey Juggernaut pro fastpitchers took 2 of 3 in Tucson from the Arizona Heat over the weekend and are in Houston this evening to begin a 3-game set with the Texas Thunder.  It is the first crucial series of the season with the Thunder just a game behind the Nauts in the National Pro Fastpitch standings.


Rabbit Blake, the President of theTexas Thunder told WPCNR this morning, he has received great support from Major League Baseball’s Houston Astros who introduced the Thunder at Edison Field in Houston prior to their home opener. “That really helped us,” Blake said, and he also praised ABC-TV affiliate Channel 13 for covering the his Thunder opener (something no NY television station did for the Juggernaut opener).


Blake said the Astros are solidly behind his team and let Houston baseball fans know about the new Fast Pitch Team. Astro President of Operations, Pam Gardner, the only woman CEO in Major League Baseball also threw out the first ball at the Thunder opener. Blake said he expected a good crowd tonight at the University of Houston state-of-the-art softball stadium.


Mr. Blake said his quartet of nationally renowned fastpitch arms are set to go, he said, and he said he expected “an old-fashioned Texas whuppin’.” His staff consists of Peaches James of the University of Nebraska, and Houston native Christa Williams, the two-time Olympic Gold Medalist, neither of whom have surrendered an earned run this season, and each is 2-0. They are backed by Lindsay Chouinard and Marissa Young.


The Thunder top bats are Lindsay Gardner who is hitting .571 with 10 Runs Batted In and Kristen Zaleski, hitting .349.


Success in the Valley of the Sun


On the Nauts Southwest Swing, The Nauts won 5-4 Saturday evening in the Valley of the Sun, behind the combination of “The Leadoff Lynx,” Carri Leto who went 2 for 4, and  Jaclyn Pasquerella’s 3 for 3 and 2 RBI’s, and the relief of Amanda Scott.  Former Arizona star, Erica Hansen, tripled and scored on the JacPac’s single, and Pasquerella moved to second and scored on Leto’s single for a 2-0 lead. First Sackette Kellie Wilkerson and Catcher Lindsey Collins belted consecutive doubles in the third to put the Juggernaut ahead to stay, and Scott held the Heat to a run over the final four frames.


Sunday night, Kellie Wilkerson was the heroine in the top of the 7th. The Nauts trailed 3-2 with 2 out. Jen Smith and Carri Leto singled to begin the Naut 7th, but after two ground outs, the Juggernauts were down to their last one. Wilkerson stepped in the box, Heat Heater Eria Beach slipped over two fast strikes and Wilkerson hit the 0-2 offering over the left field fence for a 3-run dinger, 5-3 Nauts.


In the last of the 7th, the Heat tied it up off Kaci Clark on two passed balls to send the contest to extra frames, where the Nauts pushed across the winning run in the eighth.


Monday evening, the Heat behind Leigh Ann Walker, handed the Nauts their first loss of the season, 2-1 on 2 unearned runs in the fifth inning on an infield error by Carrie Leto allowing a runner from first when the ball went all the way to the outfield fence. A single by Erica Beach plated the Heat’s second and winning run.


Leto had been called out at the plate on a close play earlier in the game in the 4th inning. In the 7th, the Nauts tried to tie it up  as catcher Lindsey Collins lead off with a double and scored on a sacrifice fly by Gina Oaks.


After six games, Carri Leto is the Nauts’ leading hitter at .458. Kellie Wilkerson is at .400, leading the team in RBIs with 6. Jaclyn Pasquerella is hitting .368, and Jen Smith, .357. Amanda Scott took the loss and falls to 2-1 on the season.


The Nauts play three in HouSTUN before returning home Sunday night to face the Sacremento Sunbirds in Upper Montclair, New Jersey. The New York New Jersey Juggernaut is 5-1 on the season and lead the league by 1 game over the Texas Thunder and 2 games over the Sunbirds, and the Akron Racers.


National Pro Fastpitch Standings, June 9, 2004


Juggernauts — 5-1


Texas Thunder — 4-2


Sacremento Sunbirds 3-3


Akron Racers  3-3


Arizona Heat 2-4


New England Riptide, 1-5


The Juggernaut Stats as of June 9, 2004:













BATTING Click on column name to sort

































































































































































































































































































































Player AB R H RBI 2B 3B HR BB SO KL SB GDP HITDP HBP SH AVG OB% SLG
Clark, Kaci 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.000 0.000 0.000
Collins, Lindsey 24 2 5 1 2 0 0 1 5 2 0 0 0 1 0 0.208 0.269 0.292
Fairchild, Germaine 19 1 2 3 0 0 0 1 3 0 0 0 0 0 0 0.105 0.150 0.105
Hanson, Erika 11 1 4 0 0 1 0 3 2 0 0 0 0 0 0 0.364 0.500 0.455
Hershman, Sarah 1 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0.000 0.000 0.000
Iancin, Lisa 2 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0.000 0.000 0.000
Klein, Lyndsey 17 2 4 3 0 0 0 0 2 0 0 0 0 0 0 0.235 0.235 0.235
Leto, Carri 24 5 11 1 2 0 0 3 3 0 2 0 0 0 0 0.458 0.519 0.542
Oaks, Gina 20 1 4 3 2 0 0 0 3 1 1 0 0 0 1 0.200 0.200 0.300
Pasquerella, Jaclyn 19 5 7 2 0 0 0 2 2 0 1 0 0 0 4 0.368 0.429 0.368
Scott, Amanda 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.000 0.000 0.000
Smith, Jen 14 0 5 0 1 0 0 0 3 1 0 0 0 0 1 0.357 0.357 0.429
Smith, Michele 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.000 0.000 0.000
Taylor, Venus 19 0 2 0 0 0 0 2 5 2 0 0 0 0 0 0.105 0.190 0.105
Wilkerson, Kellie 20 5 8 6 2 1 1 4 3 1 0 0 0 1 0 0.400 0.520 0.600
PITCHING Click on column name to sort




















































































































Player W L S GS CG IP H R ER BB SO SHA BF AB HBP KL 2B 3B HR PB ERA
Scott, Amanda 2 1 1 2 2 17.2 7 2 0 5 11 2 68 61 0 4 2 0 0 0 0.00
Clark, Kaci 0 0 0 2 0 12.2 14 8 7 6 9 0 59 51 1 2 2 0 0 0 4.02
Smith, Michele 1 0 0 1 1 7.0 3 0 0 1 12 0 25 23 1 2 1 0 0 0 0.00
Oaks, Gina 2 0 0 1 0 13.2 5 4 1 3 14 0 52 48 0 1 0 1 0 0 0.53
Infinity Pro Sports

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Food for Grades Program

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WPCNR SCHOOL DAYS. From Michelle Schoenfeld, City School District. June 9, 2004: White Plains Middle School students were treated to lunch on Monday, June 7th by the Outback Steakhouse, as a reward for raising their test scores this year.  White Plains Bus Company provided transportation to and from the restaurant.


One hundred-thirty-one eighth graders  — 34% of the class — at the Highlands Campus of the White Plains Middle School were successful in improving their results on the New York State English Language Arts Exam.  Through an incentive program in partnership with local businesses, created earlier this school year by Principal Diana Knight, students were made aware that the community, as well as school personnel, supports them in their efforts to meet state standards.


 


           


  Individual academic achievement was rewarded with prizes donated by many businesses, with students recognized at an assembly on May 17th.  Donors in addition to Outback and White Plains Bus included Dermirjian Salons, Broadway Pizzeria, Delilah’s Salon, Nails & More, Sam Ash Music Corp., Expressions Hair Design, Salon Savoir, MVP Basketball Camp, Just Bicycles, Mudd Jeans,  Coca-Cola, City Center 15 Cinema DeLux, Showcase & Multiplex Cinema, Hudson Valley Bank, Galleria Mall, Nextel, Commerce Bank, Lifetime, and Century 21 Wolff. 

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Les Halles a Les Hall de Cite: White Plains French Market Open Now.

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WPCNR Main Street Journal. June 8, 2004: The new, improved farmers market opened in White Plains Wednesday morning attracting customers as early as 8 A.M. Twenty-two vendors opened for business at a very spacious venue: The City Hall Municipal Parking Lot, temporarily displacing the posh fleet of Commissioner’s cars usually parked in the space there.


Goods available ranged from fresh honey, assortments of rich fresh lettuce, corn, apples, pickles, breads, squash, as well as seafood from Hoboken Farms. Sebastian Bensidoun, of Bensidoun, USA, the new management firm in charge of the market was on hand personally to oversee the opening.  The market is open until 4 P.M. this afternoon. Vous-tous comme sa va! Mayor Joseph Delfino officially opens the airy market at 1 P.M. today.



Farmers Market Returns: More stalls, more space, intriguing selection marked the debut of Bensidoun USA’s International Market in White Plains at City Hall this morning. Photo by WPCNR News.



Open for Business: Sebastian Bensidoun, left, Kathleen Gunn Executive Director of the White Plains Downtown Business Improvement District, and Paul Wood, City Economic Director, rumored successor to outgoing City Hall Boss, George Gretsas, were on hand putting on the finishing touches. Photo by WPCNR News.



CUSTOMERS STROLLED IN, even before 8 A.M., and were impressed with the selection which consisted solely of food items today. Photo by WPCNR News



LETTUCE BAR: from upstate New York was impressive. Photo by WPCNR News.



PICKLES IN A BARREL at City Hall, fresh from Dr. Pickle in Patterson. Photo by WPCNR News

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Imajin Performs in Galleria Mall Saturday with Chapter Won of Brooklyn NY

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WPCNR GALLERIA GAZETTE. From Mills Corporation. June 9, 2004: Four part harmonies will take over the Galleria Mall in White Plains, NY on June 12, 2004 as rising stars Chapter Won (Michael Nelson, Kenneth Hall, Courtney Poyser, and Christopher Harte), all of Brooklyn, NY, join Universal recording group Imajin among other talented performers for the launch of TracyVision. 


 


TracyVision has partnered with the Mills Corporation, one of the country’s largest mall conglomerates to provide the public with a new media format.  The June 12th showcase will air in ten states via 80’ High Definition monitors strategically placed in Mills Corporation Food Courts in  10 states.


TracyVision will include national sports, business, and weather along with local and celebrity performance showcases and “Mall News” relevant to all outlets under the Mills Corporation umbrella.


 


Chapter Won is special to me” noted Tracy Thomas, proprietor of Take II Television Productions, the driving force behind TracyVision. “Our audience has an expectation of quality entertainment” remarked Thomas “and I am sure that Chapter Won can provide them with just that; quality entertainment.”


 


With an anticipated crowd of 3500, Chapter Won will be performing on the Galleria’s main stage at 1:00pm and will follow their performance with an in-store appearance and autograph signing session at The Galleria’s Sam Goody.


 


 

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Council Approves Condo Affordable Housing BuyOut Plan Over Build Plan.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. June 8, 2004: Despite strong objections on the part of two affordable housing advocates, the Common Council voted to approve an affordable housing unit provision plan for developers of condominiums Monday evening by vote of  6 to 1 (Councilman Roach in the negative). The plan offers a developer of condominiums or cooperative apartment units the option of paying cash per units instead of reserving 6% of his condominiums or cooperative apartment units.


The cash payments are $30,000 per unit for each studio or one-bedroom apartment required; $35,000 per unit for each two bedroom Affordable Ownership Unit and $40,000 per each three-bedroom unit. In the case of the Cappelli Hotel-Condoplex-Office project approved last night, Mr. Cappelli is required to make payments for 6% of 290 condominium units, or 18 units, requiring a payment of approximately $720,000.


Robert Miller, President of Westhab, a building of affordable housing, spoke opposing this plan, calling it “a buyout” that would not supply what the city needs: affordable housing units. He noted that since Mr. Cappelli’s condominiums at 221 Main Street as well as those planned at Trump Tower at City Center (the South residential tower of the City Center, now at the 21-story level, heading to 35), are planned to sell for $1,000,000, which would under the 6% affordable housing law passed two years ago require Mr. Cappelli to make such units available for $200,000.


Miller pointed out that if the builder is able to fulfill his obligation to affordable housing by paying $40,000 per unit, he makes a $760,000 profit. Miller added that the city should instead consider Councilman Glen Hockley’s Density Bonus Plan, offering the builder more floors to the project at 221 to provide affordable units without hurting his originally projected business model.


Rose Noonan, council of the Housing Action Council said more cash funds to aid persons seeking financial help were not needed because the Housing Action Council cannot find takers for the money they have to lend persons now for affordable housing. What is needed, she said was more units.


Councilman Robert Greer countered these positions by saying forcing builders to pay too high a price on renting luxury units for a quarter of their value did not make economic sense for developers to consider, and would chase away potential housing development all together. He pointed out that the monies collected from Mr. Cappelli and future condo developers could be used at the city’s discretion to leverage affordable housing.


Councilman Glen Hockley said in future months he would work for the Density Bonus Plan, because he felt it was a “win-win” situation, with the developer, the consumer, and the city all benefitting.


In Resolution Action…last night.


The council approved a home rule request of the New York State Legislature, clearing the way for Assemblyman Adam Bradley and State Senator Suzi Oppenheimer to push bills abolishing the White Plains Parking Authority effective June 30, allowing the city to carry the attractive $7.5 Million WPPA fund balance on its books for cosmetic makeup for the bond rating agencies.


The council approved legislation creating a Department of Parking, setting a hearing on this law for July 6.


The council approved a public hearing on dissolution of the Parking Authority for June 23 at 5 P.M.


The council approved 4% raises across the board for city commissioners, and a $5,000 raise for the Mayor’s outgoing Executive Officer George Gretsas, rumored to be leaving sometime after the 1st of July. Reports from sources with knowledge of Mr. Gretsas actions say he has signed the contract with the City of Fort Lauderdale and anticipates starting there in mid July.


The Council approved a permit for a new cocktail lounge, Vega on Mamaroneck Avenue, next to Lazy Boy Saloon, and approved a permit renewal for the cabaret, Vintage.


The council purchased a $300,000 annuity in order to move $700,000 into the city’s general fund from a very old pension fund.


 

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Council Votes $50G from Community Dev. to Study Zoning of NYPH Land for Park Dev

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WPCNR Common Council Chronicle-Examiner. By John F. Bailey. June 8, 2004: In an untidy exchange of commentaries between Rita Malmud and Mayor Joseph Delfino that reignited longtime New York Presbyterian opponents to allege the city was paying for legal advice to pave the way for commercially rezoning the North end of the NYPH property in the heart of White Plains, the council voted 6-1 to pay the environmental lawyer, Michael Gerrard $50,000 to conduct a zoning study of NYPH land.


 


 


 


The expenditure was separated out by Councilperson Rita Malmud from the routine Community Development fund appropriations, so the issue of hiring Gerard could be discussed on the council floor. Mayor Delfino began the procedure by saying how well “informed” the council was. However, the council did not remember what the $50,000 expenditure was for. Malmud said she objected to hiring Gerard to conduct the study because she was unhappy with the way he represented the city on past matters. Just last week in a work session, Commissioner of Planning Susan Habel noted that Community Development funding grants had been cut by $109.000 over the last two years.


Alan Teck, Barbara Benjamin, and Marc Pollitzer all surfaced after many months of absence to protest the expenditure. Teck was cut short in his remarks by Mayor Delfino who said his remarks were not relevant to the topic, causing Teck to change direction and encourage the city to persuade the New York Presbyterian Hospital to consider purchasing the closed St. Agnes Hospital buildings that are being put up for auction by the New York State Dormitory Authority through a Request for Proposals process.


Teck said the hospital should consider purchasing that property for “50 cents on the dollar” (the property according to the Westchester County Business Journal has an outstanding debt of $36 Million), and use that for their planned research facilities. Mayor Delfino flatly, speaking for the Hospital, said, “I can tell you they are not interested.”


Benjamin said that a park consultant should be hired, not a zoning lawyer. Marc Pollitzer, long New York Presbyterian Hospital nemesis,  echoed Teck’s sentiments.


Commissioner of Planning Susan Habel was called in to explain. Habel said Gerrard was being hired because of concerns the city had that rezoning a portion of the NYPH land was “spot zoning,” and that the city simply wished to explore the implications for the municipality legally if they were to explore rezoning commercial medical in return for leasing park land. She said Gerard would not be making any recommendations on park design or usage.


After the “assurance” from the Commissioner, the Council voted 6-1 to approve the hiring of Gerrard’s law firm to execute the study.

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Binder Background on the Delgado Successful Quo Warranto Action

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WPCNR WHITE PLAINS VOICE. From Jeffrey Binder, (Counsel for Larry Delgado). June 8, 2004: The last time a Quo Warranto action was pursued by the AG was in 1988 in State ex rel. Ellis v. Eaton in Cattaraugus County. Before then, it was the early 1900’s…so there have been like two in the last 90 years or so.


While our legal journey in seeking to vindicate the will of the White Plains voters who elected Larry Delgado in 2001 is not quite over, we have reached an important turning point. Judge Nicolai’s decision has rightly cut through to the heart of the matter, namely: a jammed voting machine should not stand in the way of the constitutional right to have our votes counted.


We look forward to the next phase of this matter which we anticipate will include Larry Delgado’s assumption of office and resumption of work for the people of White Plains.

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Council Approves Cappelli Hotel,6-1, Conditional on Subdivsn, Affordable Housing

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. June 7, 2004, UPDATED 12:21 A.M. E.D.T., June 8, 2004: The Common Council at 9:21 P.M. Monday evening officially approved by a vote of 6 to 1, the construction of a Louis Cappelli Hotel-Apartment and Condominium with Office Building project for the 221 Main Street property. Councilmen Arnold Bernstein, Benjamin Boykin, Robert Greer and Glen Hockley voted for the project along with Councilwoman Rita Malmud and Mayor Joseph Delfino. Thomas Roach, Council President, voted “No.” The project, according to Louis Cappelli, the “Super Developer” is to begin this summer and be completed by 2007. 



COMING TO MAIN STREET: The Cappelli Plaza. A model of the Cappelli Hotel-Condoplex approved Monday evening. Photo: WPCNR News Archive.



THE SUPER DEVELOPER WRAPS IT UP, WINS LONGHITANOS OVER: During a presentation-update to the Common Council, Cappelli said he had completed an agreement with the Longhitanos, the owners of the Bar Building to refurbish the North side of their Bar Building to match the faux gothic style on the South and West sides of the “historic” building, at his (Cappelli’s) expense. The Super Developer also disclosed he had a signed “letter of intent” with Starwood, the White Plains-based hoteliers, to build a Westin, perhaps a “W”-Hotel on the site. Mr. Cappelli said he would begin demolition within two weeks. Photo From WPGA-TV, Channel 75, Common Council Telecast by WPCNR News



LOUIS CAPPELLI, THE OFFICIAL DEVELOPER OF THE CITY OF WHITE PLAINS, points to the latest model of his 221 Main Cappelli Hotel & Condoplex Monday night. He said he had met all Council objections and reservations about his project and had adjusted his project to conform to Council wishes. He showed samples of the glass to be used on the three buildings. His short, compact presentation may be viewed on the recablecast of Monday’s Council meeting Wednesday evening at 7:30 P.M. Photo From WPGA-TV Common Council Telecast by WPCNR News



The lastest Cappelli Hotel Condoplex rendering as seen on TV: Mr. Cappelli’s baton points to the Bar Building and the corresponding first condominium tower which will be a light glass, the second tower, a bluer, darker glass, and the third office tower, a bronze glass. Photo From WPGA-TV Channel 75 Common Council Telecast by WPCNR News



THE MAIN & MAMARONECK AVENUE VISTA: Cappelli showcased the latest rendering of how the juncture of Main & Mamaroneck would look after the building of his hotel and condominium extravaganza. To the left is Renaissance Plaza. To the far right is Grace Church. The hotel entrance and restaurant facade is in lower center, the open space greenery is betweenthe church and the hotel. The Condominium glass tower soars skyward.Photo From WPGA-TV Channel 75 Common Council Telecast by WPCNR News


Councilman Glen Hockley called the project a milestone for the generations of White Plains residents to come. He said in his walkabouts around White Plains, most recently in the Southend of town along North Street  and Sparrow Circle, that he found no objection to the project or the pace of downtown development, and suggested the press accompany him on his walkabouts, where they could interview firsthand persons other than “a handful” of persons who regularly attend hearings and complain about projects.


Councilman Benjamin Boykin said he was going to vote for the project because Cappelli had addressed his (Boykin’s) concern for open space on the ground, and had reduced the density of the project from 1.1 Million square feet to 890,000 square feet. He also noted this was a “conditional” approval contingent on appropriate Planning Board approval of the subdivision request made by the Longhitanos, owners of the Bar Building, necessary for Mr. Cappelli to acquire and building on the annex portion of the Bar Building property. 


Councilwoman Rita Malmud said that “perfection can be the enemy of the good” and said that for decades no one had come forward to develop that area along Main Street.


Councilman Tom Roach said he was voting no because he felt the project was “too big” and he sharply criticised the Planning Department for not planning, but instead reacting and overcompensating to arrange legislation to the developer’s (Cappelli’s) advantage.


Councilman Robert Greer said the council  had improved the project considerably, lowering the density, and that the city had long wanted another hotel and that was why he was voting for the project.


Councilman Arnold Bernstein said “due diligence has been done,” and was pleased to support the project.


Mayor Joseph Delfino took his commentary moment to say that it was his and the council’s job to do things for the benefit of the majority of the city.


Opposition to the project came from attorney Daniel Seidel who cited a host of concerns: sewage, and alleged SEQRA violations; Robert Levine, an architect who expressed his disdain for the design of the project, and called it “too massive, and a long-term planning disaster,” and scolded the council for voting a conditional approval that might require a variance on a subdivision. (Mr. Cappelli in his presentation emphasized his work on the subdivision of the Bar Building would not require a variance.)


The project was supported strongly by Carl Barrera and Richard Stout, who commended the council on what a good job they were doing. Doris Simons spoke cautioning Mr. Cappelli that his buildings posed a great danger to songbirds who, she said, based on recent studies, flew into reflective glass buildings, and she worried about possible massive bird kills as songbirds collided with Mr. Cappelli’s planned towers.


 


 



 

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Judge Nicolai SPEAKS: Larry Delgado Should Go Back On Council. Hockley OUT!

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. June 7, 2004: The attorney for Larry Delgado, former Councilman for the City of White Plains, announced to WPCNR Monday that Judge Francis Nicolai of the New York Supreme Court made a summary judgment decision Friday on the attorney general’s quo warranto action on Mr. Delgado’s behalf.


Binder said Judge Nicolai has ruled that Glen Hockley step down from the White Plains Common Council and Mr. Delgado be returned to his seat. Mr. Binder said the Attorney General is drawing up and order for the court to sign officially removing Mr. Hockley from the Common Council. He said, a stay, which applies in matters of government, does not apply to Mr. Hockley, since he is now a private citizen, a “usurper” who has been proven to be occupying Mr. Delgado’s seat illegally.



AT LONG LAST: After 31 Months of court wrangling and appeals, Judge Francis Nicolai has ruled that Larry Delgado was the real winner in the 2001 council election over Glen Hockley. The judge announced his decision Friday. Larry Delgado, center, is shown with Mayor Joseph Delfino on November 5, 2001, when Mr. Delgado thought that District 18 was going to bring him victory, instead it only produced 39 votes. He was shocked, impounded the voting machine in District 18, and the Delgado-Hockley election case was on. It would drag on for 31 months. Friday it entered another phase. The Attorney General will be drawing up a court order for the Supreme Court to sign officially ousting Glen Hockley from the Common Council shortly. Photo: WPCNR News Archive.



LARRY DELGADO: A Phantom no more. Photo: WPCNR News Archive


Binder said he felt “terrific” about the decision and that it “righted a wrong” that had been done to Mr. Delgado November 5, 2001 when a jammed voting machine in District 18 in White Plains cost Mr. Delgado 103 votes at least, which would have given him victory over Glen Hockley.


Because the machine jammed, Mr. Hockley was the apparent winner. Delgado contested the results behind lawyers Jeffrey Binder and John Ciampolli,  and Judge Nicolai ruled in favor of a special election to be held in District 18 between Mr. Hockley and Mr. Delgado. 


Mr. Hockley’s lawyer, Adam Bradley, appealed the decision to the Appellate Court in Brooklyn. That court ruled that the election Nicolai called for be held citywide, and not just in District 18.



GLEN HOCKLEY: Adovocating for Affordable Housing Units in the Cappelli Hotel May 26. Photo by WPCNR News


Hockley continued to contest the Nicolai Special Election ruling, taking it to the Court of Appeals in Albany on attorney Bradley’s contention that the courts did not have the authority under election law to decide elections.


The Court of Appeals found for Hockley and Bradley’s argument on March 14, 2002, ruling that Mr. Delgado’s only remedy was to initiate a quo warranto proceding through the Attorney General’s Office. Mr. Hockley was sworn in as councilman March 15, 2002, and has served 26 months in office as a councilman.



Adam Bradley: Took Judge Nicolai’s previous ruling to the Court of Appeals and won a reversal, setting the stage for the quo warranto action that has taken 24 months to happen. Bradley, now Assemblyman representing the 89th district has introduced legislation allowing judges to rule legally on election disputes. Photo by WPCNR News


Mr. Delgado did initiate a quo warranto proceeding  through Attorney Joel Graber of the Attorney General’s office, and 103 affidavitts from voters in the 18th Election District in White Plains, swore they voted for Mr. Delgado. After presenting the evidence, the quo warranto action pressed  for a summary judgment by Judge Nicolai on the matter.


Mr. Hockley and his attorney, Thomas Abinanti, asked  the appellate court to throw out the quo warranto on grounds it has passed the stature of limitations, and for Judge Nicolai to recuse himself, even suggested that the Attorney General’s Office was “judge shopping.” The Appellate Court rejected those contentions.



Jeffrey Binder, shown this fall, preparing to vote in the Republican Primary at Ridgeway School, using one of the 50 year old voting machines, which a similar model jammed in 2001, costing Mr. Delgado 29 months off the Common Council. Photo: WPCNR News Archive.


Binder said Mr. Hockley could still appeal Judge Nicolai’s Friday ruling calling for the unseating of Hockley and the return of Delgado to the council as the “rightful winner,” however Binder said, in his opinion, a stay should not be granted in this case because Mr. Hockley is a private citizen “usurping the seat of the real winner of the election.”


Asked if Mr. Delgado was going to go after the approximately $70,000 in salary Mr. Hockley has been paid in his  29 months on the council that he has been there as “usurper,” Mr. Delgado’s attorney said “everything is on the table.”


Mr. Binder said he expected Mr. Delgado to be reseated in “a few days” as soon as the Attorney General fills out an order requesting the Supreme Court to do.

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Cappelli Hotel Up for Approval this Evening Along With WPPA Demise.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. June 7, 2004: The White Plains Common Council meets this evening and is expected to vote upon the 221 Main Street Cappelli Hotel-Condoplex project, and related property-transfer orchestrations, after one year of hearings and 13 redesigns of the project, which saw the project change from a construction plan calling for two towers that razed the Bar Building, to the present configuration of three towers that builds around the Bar Building.


In addition the Common Council will vote on a home rule resolution to be forwarded to Assemblyman Adam Bradley and State Senator Suzi Oppenheimer in Albany who are poised to whisk through two bills through the legislature to dissolve the White Plains Parking Authority after 57 years of existence. In other parking-related matters, the Common Council will vote on a new resolution creating a Department of Parking setting a public hearing for it in July. They will also vote on purchasing an annuity to fund pensions for several police and fire widows to move approximately $600,000 from that pension fund into the general fund to meet the 2004-05 budget. The complete agenda may be found on the city website, www.cityofwhiteplains.com.

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