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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WP Gets $250G Grant to Study White Plains Rapid Transit System. RFP’s Due July 7

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WPCNR MAIN STREET JOURNAL. From The Mayor’s Office. June 5, 2004: The City of White Plains announced Friday it had secured a $250,000 grant from the New York State Department of Transporation to conduct a study of a trolley bus service in the downtown. Mayor Joseph Delfino, in a memo to the Common Council members announcing the grant wrote it, “will make it possible for us to develop an implementation plan for the project and will provide us with some seed money for start-up costs, assuming we go through with the project.”


 


 


The city had committed approximately $20,000 in Community Development funds to start researching the “WPRT” system at last week’s work session. The $250,000 grant now apparently frees up this money.


Funding Sources Sought.


In his memorandum to the Common Council introducing the grant, Mayor Delfino wrote the city was undertaking “an implementation plan” that would “include cost and revenue projects so that we can know with reasonable certainty how much it will cost to fund such an operation and where we might be able to secure outside funding from.”


Light Rail Would Cost Millions. Bus System Contemplated: Lawson


Ted Lawson, the city’s Grant Writer on the staff of the Mayor’s office, said when asked by WPCNR if a light rail system or a bus-self-contained vehicle system was being considered, said that light rail cost $6 Million to $10 Million a mile, and would obviously have to have a source of outside funding. Lawson stressed the city was completely open to any proposals, expected a bus-trolley kind of system, but if a firm proposed light rail and a source of funding for it,  it would be considered.


Asked what kind of firms he was expecting to send in proposals, Lawson described them as “transportation consuting firms and economic development companies” with the contracting sources to execute the project.


RFP Suggests Bus/Trolley System: Feasibility, Costs, Funding Source.


The city RFP requires descriptions of who would do the work on any “White Plains Rapid Transit” system, fees for services.


The RFP is described as a “Downtown Shuttle Service,” and that the city is “not anticipated that the City will be providing significant funding for this service so providing funding mechanisms are a key component to the study and may also infludence the design of the system.”


The RFP asks respondents to “determine the market potential for a consolidated shuttle service,” including analysis privately run shuttle services already existing, to see if a new community shuttle service would be needed.


The proposal wants specifics on the type of vehicle, size, number of vehicles, routes, stops, frequency of service, hours of operations, personnel requirements, and a fare structure.


 

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Westchester Republicans Launch Fall Candidates

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WPCNR BACKROOM BULLETIN. From RoseMarie Panio, Chair Westchester Republican Committee. (Edited) June 5, 2004: At the Westchester Republican Committee Convention last week, the Republican Party nominated its slate of contenders for the County Legislative, Judgeships, and State Offices. Michael Gianatasio, a successful businessman from White Plains, will be the Republican candidate in the 37th Senate District opposing Suzi Oppenheimer; and Robert Castelli of Pound Ridge, who maintains an impressive career in law enforcement, will be the GOP candidate in the 89th Assembly District, opposing Adam Bradley. The GOP did not nominate a candidate to oppose Amy Paulin in the 88th Assembly District.


Chairwoman RoseMarie Panio, who was officially confirmed at the GOP gathering, called the November ticket a “diverse slate that is in line with the convictions of the Republican Party.”


 


Candidates were nominated for Judicial Delegate, Congress, New York State Senate and Assembly, as well as County Court.


 


Prominent Republican incumbents, such as Congresswoman Sue Kelly, Senators Nick Spano and Vincent Leibell, along with Assemblymen Mike Spano and Will Stephens received the nomination for re-election to their respective posts.


 


Panio called the Republican Delegation “an impressive team of public servants.”  She continued, “Here in Westchester, we are fortunate to have such dedicated representatives that truly work for the best interests of the people.”


 


In a unique turn of events, the Westchester Republicans embraced two Democratic Assemblymen for positions on the GOP line.


 


Assemblyman Stephen Kauffman of Bronx County was officially named the GOP’s choice to run in the 34th Senate District, a seat previously held by longtime Senator Guy Velella.


 


Panio called Kaufman “a seamless fit with the philosophies of the Republican Party.”  She pointed to Assemblyman Kauffman’s ten-year tenure in the State Assembly, and called him “a superior candidate to represent lower Westchester in the State Senate”.


 


            Additionally, incumbent Assemblyman Ron Tocci of New Rochelle was again nominated to run on the Republican line in the 91st Assembly District.


           


Both Democrats have long been recognized as conservative-leaning public officials.  Panio said Kauffman and Tocci have demonstrated that they are in-line with the policies and beliefs of the Republican Party, and that GOP voters will easily identify with them.


 


 


             In addition to touting their Republican incumbents, the GOP also focused its attention towards electing challengers to represent Westchester voters in Washington and in Albany.


 


            Mounting a formidable campaign in the 18th Congressional District is Richard Hoffman of Yonkers, who was praised by his Party as a smart financial executive who can truly make a difference in Washington.


 


 


 


            Rounding out the Republican 2004 ticket will be Irene Ratner of New Rochelle and William Gerstenzang of Yorktown.  Both were endorsed for the post of County Court Justice.  Ratner is currently a law secretary to the Westchester County Family Court, and was previously appointed as a County Court Justice by Governor George Pataki.  Gerstenzang is currently a practicing attorney in New York City as well as the Yorktown Town Justice.


 


            Chairwoman Panio said she is confident that Republicans will have a banner year.  “We have an impressive slate of candidates,” said Panio.  “Our Republican ticket maintains extensive experience, dedication and enthusiasm across the Board.  We, as Republicans, are focusing on the real issues that affect the residents of Westchester everyday.  Not only are we talking about issues, we are getting results.  Our incumbents maintain a superior record of getting the job done, and our challengers have really hit the ground running.  All of our candidates will be working tirelessly to get our message out to the public, and I am confident that the voters of this County will deliver a great Republican Victory come November.”


 


2004 Republican Slate


 









































U.S. Congress – 18th District

Richard Hoffman


U.S. Congress – 19th District

Congresswoman Sue Kelly


State Senate – 34th District

Assemblyman Stephen Kaufman


State Senate – 35th District

Senator Nick Spano


State Senate – 37th District

Michael Gianatasio


State Senate – 40th District

Senator Vincent Leibell


State Assembly – 89th District

Robert Castelli


State Assembly – 91st District

Assemblyman Ron Tocci


State Assembly – 93rd District

Assemblyman Mike Spano


State Assembly – 99th District

Assemblyman Willis Stephens


Westchester County Court

Irene Ratner


Westchester County Court

William Gerstenzang


 


 

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WPHS CEREBRAL TIGERS TAKE 2ND AT NEW ORLEANS ACADEMIC TILT.

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WPCNR PRESS BOX. From Les Roby, White Plains High School. (Edited) June 5, 2004: The WPHS Academic Team participated in the New Orleans phase of the National Academic Association National Tournament, May 28-31, and finished second in the national competition, coming from behind in the Final round to finish Number 2!

WPHS was the #14 seed after going 2-2 in preliminary rounds but had more points than the 4-0, #4 seed Irmo squad from Irmo, South Carolina, and pulled out the Number 2 finish. Here’s how the brain play went:


Round of sixteen:  defeated #3 seed Byram Hills (Armonk) 305-275


Quarterfinal Round:  played Chaska (Minn) team that had just defeated
        Irvington (NY) 415-305 and in sudden death overtime came away
        with the victory 315-310—Soumya Sanyal answered that the Mekong
        and the Red rivers were the two major river deltas of Vietnam


Semifinal Round:  played Holland Hall (Oklahoma), a team that had
       defeated WPHS 410-345 in the prelims.  WPHS wins 345-270 with
        Asuka Nakamura leading the way with 80 points


Final Round:  WPHS leads 120-95 at the half, trails after 3 quarters as
        East HS (West Chester, Pa) takes lead with Chemical Compound
        category while WPHS struggles w Crazy Xmas Carols.
        East prevails 335-275 as WPHS settles for second honors

Team:  Asuka Nakamura–senior
        Connie Hsiung—junior
        Dan Pasternack—junior
        Alex Park—junior
        Sarah Wolfe—sophomore
        Soumya Sanyal—sophomore

Finalist—New Orleans—May 28-31
National Semifinalist for 2004—-top 6 teams in the Nation

WPHS has qualified for the National tournament for 15 consecutive years placing second in the nation in 1990, and has top-15 finishes 4 other times.

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Saturday Night at the Cinema De Lux — Harry Potter’s In Town

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WPCNR SITTIN’ IN THE BALCONY. From National Amusements. June 5, 2004: The new Harry Potter movie has opened at the White Plains City Center De Lux. Here is the schedule for the week for the movies in White Plains:


Saturday, June 05, 2004  
Harry Potter and the Prisoner of Azkaban (PG) –12:30;1:00;2:50;3:45;4:15;6:00;7:00;7:30;10:10;10:40 pm. ;
The Day After Tomorrow (PG-13) –10:45;11:15 am;1:05;1:25;2:05;3:55;4:25;4:55;6:55;7:25;7:55;9:50;10:25;10:45 pm;12:30 am. ;
Shrek 2 (PG) –11:00 am;12:00;12:30;1:30;2:15;2:45;3:45;4:30;5:00;6:05;6:45;7:15;8:15;9:05;10:35;11:25 pm;12:20 am. ;
Troy (R) –12:05;3:30;7:05;9:35;10:30 pm. ;
Soul Plane (R) –10:35 am;12:45;3:00;5:15;7:35;10:00 pm;12:15 am. ;
Mean Girls (PG-13) –12:10;2:30;4:50;7:20;9:45 pm;12:15 am. ;
Raising Helen (PG-13) –10:30 am;12:00;1:15;4:10;7:10;9:10;9:55 pm;12:00;12:35 am. ;
Harry Potter and the Prisoner of Azkaban **(PG) –12:00;3:15;6:30;9:40 pm;12:40 am. ;
Shrek 2 **(PG) –1:00;3:15;5:35;7:45;10:05 pm. ;

Sunday, June 06, 2004  
Raising Helen (PG-13) –10:30 am;12:00;1:15;4:10;7:10;9:10;9:55 pm. ;
Shrek 2 **(PG) –1:00;3:15;5:35;7:45;10:05 pm. ;
Mean Girls (PG-13) –12:10;2:30;4:50;7:20;9:45 pm. ;
Harry Potter and the Prisoner of Azkaban **(PG) –12:00;3:15;6:30;9:40 pm. ;
Soul Plane (R) –10:35 am;12:45;3:00;5:15;7:35;10:00 pm. ;
Shrek 2 (PG) –11:00 am;12:00;12:30;1:30;2:15;2:45;3:45;4:30;5:00;6:05;6:45;7:15;8:15;9:05;10:35 pm. ;
Troy (R) –12:05;3:30;7:05;9:35;10:30 pm. ;
The Day After Tomorrow (PG-13) –10:45;11:15 am;1:05;1:25;2:05;3:55;4:25;4:55;6:55;7:25;7:55;9:50;10:25 pm. ;
Harry Potter and the Prisoner of Azkaban (PG) –12:30;1:00;2:50;3:45;4:15;6:00;7:00;7:30;10:10;10:40 pm. ;

Monday, June 07, 2004  
Harry Potter and the Prisoner of Azkaban (PG) –12:30;1:00;2:50;3:45;4:15;6:00;7:00;7:30;10:10;10:40 pm. ;
The Day After Tomorrow (PG-13) –1:05;1:25;2:05;3:55;4:25;4:55;6:55;7:25;7:55;9:50;10:25 pm. ;
Shrek 2 (PG) –12:00;12:30;1:30;2:15;2:45;3:45;4:30;5:00;6:05;6:45;7:15;8:15;9:05;10:35 pm. ;
Troy (R) –12:05;3:30;7:05;9:35;10:30 pm. ;
Soul Plane (R) –12:45;3:00;5:15;7:35;10:00 pm. ;
Mean Girls (PG-13) –12:10;2:30;4:50;7:20;9:45 pm. ;
Raising Helen (PG-13) –12:00;1:15;4:10;7:10;9:10;9:55 pm. ;
Shrek 2 **(PG) –1:00;3:15;5:35;7:45;10:05 pm. ;
Harry Potter and the Prisoner of Azkaban **(PG) –12:00;3:15;6:30;9:40 pm. ;

Tuesday, June 08, 2004  
Harry Potter and the Prisoner of Azkaban **(PG) –12:00;3:15;6:30;9:40 pm. ;
Shrek 2 **(PG) –

Playland Ride Death Accidental. No Ops Error.Voluntary Steps Announced.

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. June 5, 2004: Westchester County Department of Public Safety has released its findings from an accident on a ride at Playland on which a young girl died on May 22. The police report has concluded that the cause of death was accidental and not due to mechanical problems or ride operator error.


 The New York State Department of Labor, which inspects and issues permits annually on rides, also released a report today that said there were no mechanical violations or ride operator errors which contributed to the accident.  They did recommend that any additional safety changes be made to the Mind Scrambler ride.


Although not cited by the Labor Department or required to make any improvements to the ride, Westchester County has decided to take a number of its own precautionary steps to further ensure the safety of the ride. 



“The death of Stephanie Dieudonne was a tragic accident that we never want to see happen again,’’  County Executive Andy Spano said today at a press conference held at Playland. “For 76 years Playland has been known as a safe, clean, family amusement park. As a father I took my children there. As a grandfather, I take my grandchildren there. However, today we are taking additional safety measures that go above and beyond what we already have to reassure families that Playland is, and continues to be, the safest park of its kind.’’


Changes have already been made to the ride and include the following:


 


·        Seat belts have been added to all cars in addition to the safety bar.


 


·        More lighting has been added to give the operator better visibility during the ride.


 



 


·        Safety instructions have been painted onto the back of the rides in day glow paint so that they will be visible even when the lights are off.


 


·        The size of the window in the operator’s booth has been doubled to increase visibility.


 


·        An additional employee will be placed at a newly constructed station within the ride to serve as an additional set of eyes and will have an emergency stop button.


 


·         The lights will be left on at the start and end of the ride.


 


·        The ride entrance and exits paths are more clearly marked with bright yellow paint.


 


Playland Director Joseph Montalto said other safety measures are also being pursued. “We will hire an industry ride safety specialist to review all rides at Playland.  We are also developing a ‘Partnering with Parents Safety Guide,’ which will give guidelines for monitoring children at amusement parks.”


 

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Council of Neighborhood Associations Meets on Budget Cap Tuesday

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WPCNR SOUTHEND SENTINEL. From Marc Pollitzer. June 5, 2004: The White Plains Council of Neighborhood Associations will meet Tuesday, June 8th, at 7:45 PM at Education House, 5 Homeside Lane (lower level meeting room) The return of the White Plains Watch will be discussed as well as the The Cappelli 221 Main Street project (scheduled to be approved Monday evening at the Common Council, and there will be discussionof the City Budget and 13% city property tax hike.



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High School Musical Theatre Awards at WPPAC & Helen Hayes Monday

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WPCNR STAGE DOOR. From Oscar Sales, Jr., WPPAC. June 4, 2004:  When the 6th annual High School Musical Theatre Awards are presented on Monday, June 7th, over 1,000 screaming students will be connected through a satellite feed from the Helen Hayes Theatre Company in Nyack to the White Plains Performing Arts Center in White Plains. The award ceremonies, which are modeled after the “Tony’s,” award overall excellence in many of the high school theatre productions from throughout Bergen, Rockland and Westchester counties.

 


 


The award categories encompass such elements as overall production of a musical, best performance by actors in various categories, to technical awards both in front of and behind the stage. But this year, “The Helens” go high tech with a direct broadcasting system (DBS) that will connect the awards show to both White Plains and Nyack. The video coordinator for the awards show is Ned Barber, president of Ned Barber and Associates.


 


With a telos link, one DBS truck will be broadcasting to another. The Two trucks will be connected with a 2.6-meter Vertex antenna, 15kva diesel generator, and provisions for multiple-camera production and onboard editing. The first satellite will be equipped with a 6.4/7 GHz microwave and a 42-foot mast. The second satellite similar to the first has a 2.3-meter Andrew antenna and identical communication and IBF capabilities.


 


In simple terms one satellite will send information to the other. With the help of a video Director, video supervisors, a 10 ft. screen, a main Camera and mobile reaction cameras White Plains Performing Arts Center and The Helen Hayes Theater Company will be able to hear and see one another throughout the ceremony.


 


The Helen Hayes High School Theater Awards will take place on Monday, June 7th at 7pm at the Helen Hayes Theatre Company in Nyack and the White Plains Performing Arts Center in White Plains.  Tickets are $30.  For tickets, please call the Helen Hayes Box Office at 845-358-6333 or the White Plains Performing Arts Center at 888-977-2250.


 

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Adam In Albany: Assembly School Aid Plan would Bring $7.25 Million to WP

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WPCNR’S ADAM IN ALBANY. By 89th District Assemblyman Adam T. Bradley. June 4, 2004:  In addressing the decision by our state’s highest court in the Campaign for Fiscal Equity case, we must reject a ‘Robin Hood’ approach that supports some school districts by taking away resources from others. The Assembly’s plan to meet the CFE court ruling rejects that kind of ‘Robin Hood’ answer.

 


It’s not only a constitutional obligation, but a moral obligation as well to equip our children with the education they need to meet tomorrow’s challenges. Investing in all New York State’s schools will give all our children the opportunity to succeed. The Assembly’s plan would provide nearly $37.7 million to schools in the 89th Assembly District, which is a $2.6 million increase over the governor’s proposal.


 


The Assembly’s plan also establishes a program for rehabilitation and construction in high-need schools across the state. It would provide $7.25 million to the White Plains School District for capital projects. In addition, the plan establishes a foundation formula to help stabilize education funding from year to year, and sets a minimum commitment per student based on need. Our plan recognizes the fact that investing in young minds now will reap the greatest rewards in the future.


 


As part of this proposal, New York City taxpayers must contribute their fair share by ensuring from the city a $1.2 billion commitment over the next five years. I’ll also work to ensure the Circuit Breaker property tax relief program is expanded.


 


As we work to fulfill our obligation to provide our children with a good education, we must also ensure accountability to make sure school resources are used effectively. The Assembly’s plan strengthens accountability measures initiated by the Board of Regents and the state Education Department.


 


This plan is a good starting point for discussion, but we need the cooperation of the Senate and governor to meet the court’s deadline. If we don’t come up with an equitable solution, a court-appointed special master will devise a new school aid plan that addresses only the needs of New York City’s schools. We must address the CFE decision now, so that Westchester’s school needs are addressed, not just those of schools in New York City. Our taxpayers cannot afford the risk of handing the case back to the court to impose its own judgment.

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