Spano & 20 Schools Meet Thursday on Underage Drinking Crisis: Amnesty Suggested

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WPCNR County Clarion-Ledger. From Westchester County Department of Communications. (EDITED) December 10, 2002, UPDATED December 11, 2002:As of today, 38 high schools, including the White Plains Superintendent of Schools, Timothy Connors, and 26 police departments have said they expect to be represented at County Executive Andy Spano’s summit on teen drinking to be held tomorrow at the Westchester County Center.

They will explore three preliminary initiatives of County Executive Andy Spano, as well as offer suggestions of their own, including one of an offer of amnesty from suffering the consequences of school disciplinary procedures, to encourage reporting of medical emergencies.

The summit, which Spano announced in October, will bring together principals, students, parents and police. It will take place at the Westchester County Center. The participants will first meet in separate groups with their peers, and at 10 a.m. Spano will convene them into a large group where discussion will continue.
Spano has put on the table for discussion several initiatives. These are:

1. School Amnesty Policy: A proposal for a school amnesty policy that can be adopted by public and private schools. The policy would encourage teens to call for help for alcohol-related medical emergencies by providing amnesty from the consequences of violating school policies. When teen drinking turns into a medical emergency, the first concern must be to protect the health and safety of the young people involved.

“Medical amnesty does not mean that we condone the act of drinking among teens, but that we want to remove all potential barriers that would prevent a young person from securing the necessary help for a friend,” Spano said.

2. Stiffer Penalties from Albany. A proposal to increase the penalties for underage possession of alcohol with intent to consume. At the moment, public possession with intent to consume is a violation of the Alcohol Beverage Control and Vehicle and Traffic Law.

It provides minimal penalties such as referral to an alcohol awareness program or a $50 fine. This proposal explores the possibility of raising the penalties. This proposal would require action of the state Legislature, and could be included in the county’s annual State Legislative Package.

3. Make Public Intoxication by 16-and-overs a Crime. A proposal to make public intoxication by a minor a violation of the law. This proposal explores the possibility of making underage public intoxication a violation of the law, thereby increasing the options available to law enforcement, encouraging parental involvement, and providing a way for intoxicated teens to get help.

This proposal would require action of the state Legislature and also could be included in the county’s legislative package.

This proposal is aimed at dealing with instances where teens have been drinking publicly but no alcohol can be found in their possession.

This proposal could only apply to people 16 years and over, because younger children are not dealt with by the criminal system, but are treated as Persons in Need of Supervision (PINS).

Review of County Efforts and “Best Practices”

As a follow up to the conference, participants will receive a list of “best practices” that are being implemented in schools and communities throughout Westchester. Hearing what works in other areas will help communities shape dynamic and effective programs for themselves.

Westchester County has been a leader in developing and implementing prevention efforts including:

• Over 3,400 hours of overtime patrol in nearly 40 municipalities directly contributing close to $200,000 towards enforcing DWI laws with another $160,000 budgeted for the remainder of this fiscal year

• Nearly $300,000 in educational assistance including literature, educational videotapes and aids, as well as student activities made available to every high school in Westchester County.

• The ROADD (Reduce Our Adolescent Drinking/Drugging and Driving) Program in 12 high schools reaching over 1,400 students annually

• April 2000, a county-sponsored conference with school nurses to deal with symptoms of acute intoxication

• May 2000, a conference for professionals on teen binge-drinking

• February 2001, a conference for doctors and nurses in emergency rooms dealing with acute drinking

• April 2001, a kickoff of the Teen Drinking Action Council, for high school students, and ongoing activities of the council

• May 2001, a conference for hotel managers in advance of proms

• April 2002, a leadership event for 200 middle school students

• Annually, assembly programs in 10 high schools and 10 middle schools

• Annual “STOP-DWI” conference for Police Officers

• Annual SADD leadership lunches for students

• Annual poster contests for students

• Prom fashion show featuring teen leaders in drinking/driving prevention

• Production and countywide distribution of fact sheets on alcohol poisoning, parenting for prevention, and zero tolerance

• Annual letter to limousine and bus companies during prom season

• Information distributed each prom season to schools for parents and students

• “Reality Walls” in at least 20 schools throughout Westchester

Spirit of the Conference

Executive Spano commented:

“While teen drinking is nothing new, the current attention to this problem has brought to light the need to step up local efforts to prevent underage drinking and related consequences,” said Spano. “At this summit we will be asking participants to let us know what they think of some preliminary proposals we have distributed as well as to offer ideas of their own.”

He added, “There are many agencies and officials that are now involved in this issue. This is good – the more awareness, the better.”

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Who Moved White Plains Week? Cablevision Shifts White Plains Channels.

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WPCNR WHITE PLAINS VARIETY. Interview with Bill Powers, Cablevision. By John F. Bailey. December 10, 2002: Cablevision is moving the White Plains cable television channels effective midnight Wednesday. On your cable dial, the in-city cable television channels will now be viewed on three new channels, slightly down your cable dial, Channels 75,76, and 77.

Thursday, December 12, Public Access Channel 71 will shift to Channel 76 on your cable dial. White Plains City Hall Channel will shift from Channel 72 to Channel 75 and The White Plains City School District Channel moves from Channel 73 to Channel 77 (The “ABC” Channel!).

Residents of White Plains got the official news Monday in a flyer to Cablevision viewers, with the explanation for the move being that “we are adding these new channels to Family Basic: MTV2, Speed Channel, and Travel Channel.”

WPCNR interviewed, Bill Powers, Director of Media Relations for Cablevision, in Bethpage, Long Island, and Powers explained the channel move is “standardizing the channel lineup and service offerings throughout the Cablevision service area of Westchester, New York City and Long Island.” Previously, Powers said, the public access, local government and school district educational channels were on many different channels throughout the various towns and cities in the coverage area. Thursday’s changes, Powers said, puts them all on the same numbers, 75,76 and 77.

Paves way for i/O Interactive Optimum service.
i/O-Interactive Optimum cablevision’s new digital cable service. Powers said Cablevision is “in the process of rolling out i/O to their 1,540,000 customers, and are in the process of launching i/O in Westchester.”

Powers said plans to bring i/O to the county were announced in November. He said, currently 80,400 customers subscribe to i/O in the metropolitan area, a number that has grown 88% through September 2002. The new digital service was launched on Long Island in September 2001.

200 Channels of Television/Commercial Free Music/Video On Demand.

Mr. Powers told WPCNR that the new i/O service would offer subscribers 200 digital quality television channels, plus 45 commercial free music variety channels for play through home sound systems, plus 1,000 movie and television programs and features on their Video On Demand service. Video On Demand, Powers explained allows customers to dial up a movie title, and play it on their television system with the option of rewinding and fast forwarding, just like a VCR. Powers reports Cablevision has an arrange with Fox Entertainment to offer the first and second seasons of the hit shows, 24 and The Shield, as part of that package with more exclusives being negotiated.

More information on i/O is available on the Cablevision website at www.cablevision.com.
Alerts subscribers with telemarketing calls and Cable Bumper Slide.

Powers said White Plains viewers will be alerted to the changes when they go into effect Thursday morning at midnight. He said viewers will see a bumper slide come up on their screen advising of the changes in the lineups.

He noted that the company would also be making telemarketing calls on Wednesday, letting White Plains subscribers know to check their channel lineups that their favorites may have moved. Cablevision will also be running “crawls” on The Weather Channel advising subscribers of the changes.

Speed Channel Debuts.

Powers explained that the Speed Channel offers programming to appeal to automobile, flying and boating hobbyiests, and that more details about what viewers can expect on the Speed Channel can be learned by going to www.speedtv.com.

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Pirro, on Newsmakers Calls for Community Effort to Police Teen Drinking.

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WPCNR WHITE PLAINS VARIETY. By John F. Bailey. December 9, 2002: On the weekend before chairing a meeting of the Westchester County Task Force on Teen Drinking today, Westchester District Attorney Jeanine Pirro put restaurants and retail liquor outlets, parents and school districts on notice, as needing to take more responsibility in accepting responsibility, and dealing out appropriate punishment to teens particpating in illegal drinking.
Appearing on the News 12 show, Newsmakers, Ms. Pirro reconfirmed her comments of last week in which she said her office would seek to revoke the real driver’s licenses of teens caught purchasing alcohol with bogus licenses. In addition, she said her office would bring charges against parents, in whose homes parties condoning illegal drinking among teams were held.

Establishments that serve alcoholic beverages were served notice that the District Attorney would prosecute them when they are caught serving alcohol to minors. She was asked about her response to Bob Hyland’s comment that county i.d. enforcement operations against liquor establishments amounted to “entrapment.” Hyland is the owner of The Sports Page in White Plains, In the course of the program, she said she “looked forward” to proving in court that Bob Hyland’s Sports Page in fact served liquor to underage minors in a recent county “sting” operation. She indicated the undercover sting operations would continue.

Parents Will Be Held Responsible for Underage Drinking Parties

The District Attorney commented that parents were an “important piece” of the issue, and that they needed to take an active, responsible role when their children participate in parties and entertainments. She said she would bring charges against parents whose homes are the setting for parties where alcoholic beverages are available to teens.

Questions School Board Leniency

Ms. Pirro, towards the close of the program, criticised the Town of Harrison School Board for not dealing more sternly with teenage football players caught drinking at parties this past year. Pirro said, that it sent a poor message to teens that they did not suffer more serious punishment for violating the underage drinking law, noting that they were only suspended for one week of play.

She used the example to make her point that in her opinion, schools had to take such violations by their students more seriously and impose serious consequences on students for violating the acohol age laws.

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Cheers for White Plains Cheerleaders: 4th in New Rochelle Championships

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WPCNR PRESS BOX. From Ann Chillemi. December 9, 2002:The White Plains High School Varsity Cheerleaders competed in the 6th Annual Cheerleading Competition at New Rochelle High School on Saturday, December 7th. The team placed 4th out of 16 teams. It was a great win for the team considering the fact they are very new to competitions and have trained for competition in less than 3 months. Hats off to Coach Alex Munoz.



THE “TIGRESSES” IN ACTION AT THE RIDDELL BOWL November 9.”Throw-ups,” “Pyramids” and intricate routines have become a part of Tigress’s repertoire this year under Alex Munoz. Now, if we could have some fastpitch softball cheers, please!
Photo by WPCNR SideLineEye

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White Plains Tigers Footballers Honored for 2002 Performances

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WPCNR PRESS BOX. From WPHS Football Coach Mark Santa- Donato. December 7, 2002:Here’s a listing of team and player honors so far this year. Other awards will be presented at our dinner and given by the Journal News this week. I will keep you posted:

WHITE PLAINS TIGER FOOTBALL HONORS 2002

2002 NYS Scholar-Athlete (Team Award)

MVP – Riddell All-American Bowl

Darrell Mack

Most Valuable Back – League AA-South

Spencer Ridenhour

All-Section

Spencer Ridenhour, Evan McGuire, Darrell Mack

All-Section – Honorable Mention

Joe Vitanza, Mike Devere

All-League AA-South

Spencer Ridenhour,Evan McGuire, Darrell Mack, Joe Vitanza, Mike Devere, Gabriel Robles, John Corretti, Jason Indelicato, Terrell Smith,Tony Ciaramella

All-League AA-South – Honorable Mention

Ike Nduka, Raeshone Foote, Mike Della Posta, Ryan Smalls, Mike Lane, Matt Jones, Gary Morello

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Vigils Update Around Westchester County

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WPCNR LIBERTARIAN ADVOCATE. From Westchester Progressive Forum. December 6, 2002:>/b> Here is the schedule of this weekend’s peace vigils around the White Plains area, sponsored by the Westchester Progressive Forum:
At our last well attended Westchester Progressive Forum meeting on 12/2/02 we voted to join the Westchester Coalition Against the War on Iraq.

Two announcements:

1) Please note that the Saturday vigil in White Plains is now taking place at the fountain.
Every Saturday, 12:15 to 2:15 in White Plains, near the Fountain at Main Street and Mamaroneck Ave.

If interested, contact Nora at norafreeman@yahoo.com

2) Please join me in signing an online petition asking President Bush to let the weapons inspections work, rather than rushing to war. Go to
http://www.moveon.org/winwithoutwar/, and it will take you seconds.

.
P.S. For those of you who are interested, here’s the full story on the six
vigils in Westchester, and also one in Rockland.

1) Every Saturday in White Plains, 12:15 to 2:15 at the Fountain.

2) Every Thursday, 12:15 to 1:15 in White Plains, at Main Street and
Mamaroneck Ave. If interested, contact Vitalah at vitalah@earthlink.net

3) Every Tuesday, 3:30 to 4:30 in White Plains, at the big intersection by the Westchester County Center by Route 119. Contact Jane at jane.jon@verizon.net

4) Thursdays, 12:15 to 1:15PM in New Rochelle, at the intersection of Main Street and Memorial Highway. If interested, contact Vivian at vfbergen@aol.com

5) Every Thursday, 7 to 8PM, Route 9, in Ossining, in front of Ossining High School. Contact Sabina Plachta, (914) 941-8309.

6) Every Thursday, 7:00-8:15AM in Croton, across from Prudential Realty, at the top of the Croton Harmon Train Station-parking area. Park in the lot behind the old Gallimaufry’s building. If interested, contact Ginny at stillman@computer.net.

Rockland:

The Rockland Peace Coalition has begun a Saturday afternoon vigil Saturdays, from 1-3 PM at the four corners in Nanuet. Northwest corner of Rte 59 and Middletown Rd. Parking lot near the Tuxedo store, across from the little park. Rain or shine!

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NYPH Hates Approval Terms. Threatens Article 78-er. City: “Can we talk?”

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WPCNR Evening City Star Reporter. By John F. Bailey. December 6, 2002, 1:15 A.M. UPDATED 12 Noon E.S.T.: New York Presbyterian Hospital and the City of White Plains mutually agreed Thursday that the Hospital would postpone its intention to open a second Article 78 legal front in the ongoing struggle to build a biotech research and proton accelerator facility project the Common Council approved last August 5.



THE PAPER CHASE CONTINUES: The Tolling Agreement signed by the City and New York Presbyterian Hospital Thursday, giving the parties 32 days to work out hospital objections to the terms of the approval of their biotech research and proton accelerator facility on their property.
Photo by WPCNR Legal

The city and New York Presbyterian Hospital have agreed to a 32-Day “Tolling Agreement.” The hospital has agreed to postpone filing an Article 78 proceeding they had planned to file Thursday (120 days after the August 5 approval of their project), to overturn conditions of Special Permit the city attached to the proton accelerator-biotech research center project. The “Tolling Period” will expire January 6, 2003.

A Subdued City Hall.

On the early winter’s snowy evening, George Gretsas, Executive Officer for the City of White Plains, announcing the agreement Thursday told WPCNR the hospital informed the city of their intention of filing an Article 78 action to overturn some of the 80 pages of conditions the city attached to their approval of the project last August in the Findings Statement.

The new Article 78 action, if filed by New York Presbyterian Hospital, would have been the second Article 78 action filed on the Council’s historic August 5 decision, and still might be if a common ground is not established on the conditions the hospital is protesting.

Concerned Citizens for Open Space filed an Article 78, represented by Oxman, Tullis, Kirkpatrick and Whyatt last September. The CCOS suit in essence protests the Council had not given a thorough review of the project and that a zoning change was required, not a Special Permit. That suit is in the hands of Judge Richard Mollea in New York State Supreme Court, according to the most recent information WPCNR has been able to elicit from the embattled City Legal Department.

Not the Approval the Hospital Had in Mind

Gretsas said the hospital expressed to the city that they had problems with some of the specific conditions set forth in the Common Council’s Findings Statement and Special Permit.

Gretsas, raising his eyebrows with with an air of puzzlement, speculated that some of those conditions might be the Council restricting research to medical use, city oversight of research safety, and possibly restrictions on biosafety levels of the search. He wearily cautioned this was outright speculation on his part, indicating the city was mystified why the hospital was considering an Article 78 suit on an approved project, noting,

“The city and the hospital hope to discuss issues of mutual concern,” Gretsas told WPCNR, “concerns about the conditions imposed on them by the city on August 5. The city will discuss with the hospital the community needs and to gauge the hospital’s willingness to address some of these needs.”

Council consulted.

Before the city consented to the “Tolling Agreement,” Gretsas said the ramifications were discussed with the Common Council. He said the Council is willing to sit down with the hospital and discuss the hospital’s concerns that would cause them to bring a lawsuit on the conditions of their approval.

King: Council Has Not Met on Tolling AgreementKing

Councilman William King checked in with WPCNR News, upon learning of the Tolling Agreement through this article and wanted WPCNR to make clear the Council had not met as a body on the Tolling Agreement.

Mr. King made this statement to WPCNR:

I think you should make clear in your website article that the Council did not meet yesterday and we did not sign the agreement. Each of the councilpeople was contacted by phone. I was contacted by Ben (Boykin) late Wednesday night. Rita (Malmud) is in Florida. I don’t know if any councilpeople were at the gathering yesterday you refer to. Just so your readers are clear, the Council has not met on any NYPH issue, in public or in exec session, since the approval (6-1) was given on 8/5/02. I also have never heard of a tolling agreement before and do not know what it is or how it gets its name.

Déjà vu :Confidential Talks Again to Avoid a Lawsuit?

As the agreement was explained to WPCNR, a chilling atmosphere of déjà vu settled over the gathering. The Tolling Agreement was eerily similar to the intrigue of intimidation that leaked out of secret sessions with New York Presbyterian Hospital in January, 2001. At that time, the hospital in a very similar way had a lawsuit going, and wanted to discuss with the city terms for dropping their suit.

The Common Council, briefed behind closed doors by a phalanx of hospital and city attorneys, agreed to the hospital’s terms for dropping their lawsuit against the city, which was immediate consideration of their biotech research and proton accelerator project.

In those secret meetings, WPCNR learned the hospital threatened to sue the city for upwards of $500 Million or more (the city budget is $100 Million), if they did not review the proton accelerator project. When the city agreed to consider the project they had turned their back on in July, 2000, the hospital dropped their Article 78 action. Subsequently, a year and a half review ultimately lead to this August’s council approval.

Hospital and Administration Talk First. Then Council to Join In.

Gretsas said meetings between the administration and the hospital would take place in executive session, over the next four weeks. The talks, he said would be held in confidence because the concerns to be considered were principle lynchpins of the hospital’s intended litigation.

Common Council’s turn.

Mr. Gretsas said that upon discovering what the hospital’s issues are with hospital representatives and city department heads, then there would be “a dialogue” with the Common Council in Executive Session, to determine how the matters might be resolved to both parties’ and the Council’s satisfaction, if there was common ground for compromise.

It appears at this time, the principles of these talks will only be the Common Council, city department heads, and New York Presbyterian Hospital representatives and principles.

Fool’s Gold?

Gretsas cautioned about the public getting their hopes up that the hospital might be willing to trade some of their land for city concessions on the approval terms: “It could very well be that there’s nothing really to discuss.”

Gretsas said the city is very much aware of the restrictions on the original settlement of the first New York Presbyterian Hospital Article 78 action, which prohibit the city from extorting and demanding any exchange of land for city concessions.

The Fine Print.

In the 2-Page “Tolling Agreement” released by the city Thursday, the hospital has agreed to refrain from the commencement of an Article 78 proceeding challenging the Special Use Resolution by the aforesaid deadline (December 5, 2002), and has agreed to enter good faith negotiations to discuss the mutual concerns of the parties.

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CinemaFanatic Reviews Adaptation

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WPCNR WHITE PLAINS VARIETY. Movie Review by Rob Barrabee. December 5, 2002:Adaptation, written by Charlie Kaufman, tells the story of Charlie Kaufman trying to write Adaptation. Kaufman’s original plan, the movie explains, is simply to adapt Susan Orlean’s book The Orchid Thief, which details the life of Florida plant dealer John Laroche. But Mr. Kaufman, we discover, just can’t seem to make a screenplay out of the book (“there’s no story”).
To remedy this, he inserts himself as a character; the starring character, in fact (“I’ve written myself into my screenplay”). So, instead of a movie version of The Orchid Thief, we have a (highly fictionalized) movie version of Charlie Kaufman’s struggle to adapt The Orchid Thief.

We have Adaptation, the astonishing new comedy from the cleverest screenwriter in the business (he earned this title, by the way, after scripting ‘Being John Malkovich’).

In the sentence of the previous paragraph (not including the parenthetic “by the way”), I inexplicably included the phrase “highly fictionalized.” Allow me, now, to explain:

Adaptation is about a real screenwriter (Charlie Kaufman) trying to adapt a real book (The Orchid Thief); a book written by a real author (Susan Orlean), and telling the story of a real plant dealer (John Laroche). The struggling screenwriter even seeks the assistance of a real screenwriting guru (Robert McKee).

The movie, then, has got to be real, right? Hardly. One of the most important characters in the film is Charlie Kaufman’s wild and crazy twin, Donald. Charlie doesn’t have a twin. “But,” you might say, “the credits list Donald as one of the film’s writers.” Let me repeat, Charlie doesn’t have a twin. And if that’s not enough to convince you of the film’s “highly fictionalized” status, just wait ‘til you see the end.

In the interest of preserving any potential element of surprise, I will not get into details, but I will say this: the ending couldn’t possibly be real.

The film, unreal as it is, is directed by Spike Jonze, who also directed Being John Malkovich (he and Kaufman get along, apparently). In that film, Jonze showed quite a bit of restraint, directing an off-the-wall story in a very on-the-wall manner. This time, he loosens up a bit, and directs Adaptation with zany glee (think, for example, of a thirty second journey through the history of time). The results of this zaniness, for the most part, are tremendous. Excluding the already-alluded-to surreal ending, which I think goes a little too far, Jonze’s Adaptation is as smart and funny as a comedy can be. It is fast-paced, and it is fresh. It is witty, clever filmmaking at its best.

Nicolas Cage stars in the film as both Charlie and Donald Kaufman. Cage’s Charlie (fat, bald) is hysterically introverted and self-loathing. Cage’s Donald (fat, bald, but happy) is hysterically foolish and outgoing. Put the two together, and this is one of the best, and most hysterical, performances of the year.

Sports teams are often complimented for “going from worst to first.” By going from his roles in Windtalkers and Captain Correlli’s Mandolin to this, Nicolas Cage deserves the same kind of recognition.

Kudos go out to the supporting cast too. Meryl Streep gives an excellent comedic turn as Susan Orlean, and Chris Cooper is so good as (the toothless) John Laroche that he finally, after more than thirty movies, is getting people to notice him (Oscar people, if you pay attention to the buzz).

Speaking of Oscars, this sure-shot contender could cause some serious problems for the Academy. Should, for example, Nicolas Cage be nominated for one Oscar or two? Should Donald Kaufman get a screenwriting nomination, even though he doesn’t exist? And, most importantly, should the film’s screenplay be considered original or, well, adapted?

My feelings on these issues are as follows: (1) Nicolas Cage should not be nominated twice, but he should certainly be nominated once. (2) Donald Kaufman should receive no nominations, but his brother most decidedly should. (3) Despite its title, and the assertion in the credits that it is based on Susan Orlean’s book, the screenplay for Adaptation should be considered original, and not, oddly enough, adapted.

Adaptation, directed by Spike Jonze. Written by Charlie (and Donald) Kaufman, based on the book The Orchid Thief, by Susan Orlean. Starring Nicolas Cage, Meryl Streep, and Chris Cooper. Running time: 114 minutes. Rated R (for language, sexuality, some drug use, and violent images)

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Quo Warranto Quagmire Demands Court Decide Election

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 5, 2002:A WPCNR legal consultant familiar with election law has advised that Attorney General Eliot Spitzer’s lawsuit filed in New York Supreme Court yesterday granting Larry Delgado quo warranto relief after seven months of research by the Attorney General’s Quo Warranto Review Panel, transfers jurisdiction for deciding who retains or ascends to the Common Council seat now occupied by Glen Hockley to the New York State Supreme Court.



Spitzer Speaks
Photo by WPCNRLegal


WPCNR’s legal consultant said that the paragraph calling for action specifically calls on the court to decide how the disputed council seat shall be ultimately filled.




THE ACTION PARAGRAPH

Photo by WPCNR Legal


Our analyst points out that this paragraph orders the court (demands) to make a decision, which can be the court judge making a declaration that Mr. Hockley or Mr. Delgado is the winner straightaway, or if the court cannot decide based on the evidence available who ultimately won, ordering a new election.

Unchartered Waters

Our source says the case is in unchartered waters at this time, with several matters “up in the air.” Among the matters, is which judge will get the case. It is speculated that it could return to the Judge who first ruled on the historic Delgado-Hockley case: Judge Francis Nicolai, based on his familiarity with the case.

On the other hand, if a new judge were assigned, the case would begin anew, with the decision on whether or not a jury would be convened, up to the defendents, Mr. Hockley and Mr. Delgado. If the two defendents disagreed as to whether a jury trial was desired, the judge or the plaintiff (Attorney General) could make the decision.

A second minor issue to be decided, would be whether or not Mr. Delgado should be considered the defendant or not.

Jury Selection Would Be Interesting

Speculating with our legal correspondent, they allowed that jury selection would be interesting: issues to be considered would be rather or not White Plains residents could or could not be on the jury, racial make up of the jury, political affiliation of the jurors, how familiar they were with the Delgado-Hockley case history, being just a few issues discussed.

Affidavit Validity a Keystone

Our armchair analyst, noting the affidavits filed by Mr. Delgado, 104 in all, which the Quo Warranto Review Panel commented on in their Quo Warranto Report and Recommendation said that Mr. Hockley’s strategy to hang on to his seat would hinge upon creating doubt about the affidavits submitted by Mr. Delgado as being genuine expressions of voter actions on that fated November 6, 2001. However, our analyst said that post-election result affidavits of voter preference have been found to be admissible evidence in similar cases.

The Quo Warranto Report states,

Delgado told the Panel that he obtained the voters’ names from the Board of Elections and solicited their affidavits by sending volunteer notaries (among whom were his wife and his Republican Party running mate, Michael Amodio) door-to-door. Each affidavit states, in pertinent part,

2. I was duly registered and eligible to vote in the November 6, 2001 General Election, in the City of White Plains, County of Westchester, and State of New York. 3. I voted in the November 6, 2001 General Election at the George Washington Elementary School in White Plains, New York, which is the polling place for the 18th Election District in said city. 4. When I cast my votes on November 6, 2001, I included a vote for Larry Delgado for Councilman of the City of White Plains. 5. I cast my vote for Larry Delgado for Councilman on “Row A” of the voting machine, which is the top row of positions to be voted for, running from left to right on the voting machine. The position is circled on the annexed sample ballot that is attached hereto and made a part hereof…

At the Panel’s direction, an investigator employed by the Office of the Attorney General was assigned to determine whether the 104 affiants actually voted in the 18th Election District on November 6, 2001…

According to the voting logs, 103 of the 104 individuals whose affidavits Delgado submitted to the (Quo Warranto) Panel were registered to vote and did, in fact, vote in the 18th Election District on November 6, 2001.

The Panel’s report comes to the conclusion that, It is undisputed that the voting machine in Election District 18 mechanically malfunctioned after 39 votes had been recorded for Delgado in Row 10

Report Declares Delgado the Winner by 17 votes. Affidavits genuine.

The report takes the interesting position that Delgado’s 103 affidavits make him the winner of the Council Seat, and throws out Hockley’s assertions that the affidavits are not reliable. The report reads in part,

According to the recanvass, Glen Hockley received a total of 6,140 votes and Larry Delgado received a total of 6093 votes, a margin of 47 votes in favor of Hockley. We note Hockley’s objections to the reliability of the affidavits Delgado submitted, but find those objections to be unfounded. Therefore we credit the 103 affiants, whom the voting logs show to have voted in the 18th Election District on November 6, 2001, who claimed they voted for Delgado on Row 10 A. Delgado’s vote total is thereby increased by 64 votes, (103 votes minus the 39 votes originally recorded on Row 10 A). That gives Delgado a revised total of 6,157 votes (6093 plus 64), or 17 more votes than Hockley received (6,140).

Report Sites Case Law Gives Court the “right to Examine Voters”

The panel’s report justifies its declaring Mr. Delgado the winner by citing thusly,

In a quo warranto action, however, the court is able to determine the will of the electorate beyond a mere mathematical possibility because it has the right to examine voters, as established in Deister v. Wintermute (1909), including the right to “receive and credit the affidavits of…electors that they cast their vote on the voting machine for a particular candidate.”

The Judge is Da Man

WPCNR’s Brief Analyst noted that the Attorney General is passing the baton to the Judge of the New York State Supreme Court to determine the outcome of the election, and that includes the jurisdiction to declare either Delgado or Hockley the winner outright, or set aside the election and declare a new election.

Here we Go Again?

Looking into their crystal ball, the attorney sighed and told us that “of course, whatever decision the judge makes, it could be appealed,” but added that the case at the appellate or Court of Appeals levels would only be argued on the merit of the decision made, not a full reexamination of the affidavits or other evidences.

Quo Warranto Report is Not Court-gathered, admissable Evidence.

Before our sands of time with the barrister ran out, he noted that the findings of the Quo Warranto Panel were not evidence gathered by the court, and that if the Judge assigned the quo warranto action felt compelled to go to a jury trial or felt it necessary to conduct an examination of the validity of the affidavits he or she might very well do so in the proceedings.

It is expected that a judge will be assigned in the next two weeks and that the action will not begin until after the 1st of the year.

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Amy Paulin’s Albany: Ms. Paulin Thanks Supporters Invites Comment.

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WPCNR AMY PAULIN’S ALBANY. By Assemblywoman Amy Paulin. December 4, 2002:I want to take this opportunity to thank you for your support and for re-electing me to the New York State Assembly.


From the mountain of literature you received during the campaign you know that my priorities are education, high-quality, affordable healthcare, the environment, taxes and personal safety.

Campaigning gave me the opportunity to listen to you and to talk about other issues of great concern including public safety, economic growth, the preservation of green space and the impact of standardized tests in our schools.

These are all valid issues that will require thoughtful, creative solutions. I welcome your calls, comments and suggestions to my district office at 723-1115 and I look forward to taking your concerns to Albany in January.

Assemblywoman Amy Paulin.

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