Democrats Dine Together March 20: Honor Hevesi, Spitzer.

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WWPCNR Westchester County Clarion-Ledger. From The Democratic Party Media Relations. February 12, 2003:Westchester County Democrats will gather to honor five prominent Democrats – including former State Comptroller and 2002 Gubernatorial nominee H. Carl McCall – at their annual dinner to be held on Thursday, March 20th at the V.I.P. club on Davenport Avenue in New Rochelle. Guest speakers for the event will be newly elected State Comptroller Alan Hevesi and recently re-elected State Attorney General Eliot Spitzer.
Westchester County Democratic Chairman George Latimer reports that McCall will be present to receive the party’s Distinguished Service Award. Also recognized at the event will be two Democratic State Senators, Suzi Oppenheimer of Mamaroneck and Ruth Hassell-Thompson of Mt. Vernon, joint recipients of the party’s Leadership Award; Dennis McSpedon of I.B.E.W. Local 3, receiving the party’s Labor Award; and a special recognition award for years of service to David Alpert of Mt. Vernon, the party’s Immediate Past Chairman.

Prominent elected officials will be present including Congresswoman Nita Lowey and Congressman Eliot Engel; County Executive Andrew Spano; Democratic members of the State Assembly delegation; Board of Legislators Chair Lois Bronz and Democratic members of the County Board of Legislators; and numerous city, town and village elected officials and party activists.

“2002 was a successful year for Westchester Democrats”, noted Latimer. Despite the national results, “Westchester was carried by Alan Hevesi, Eliot Spitzer, Judge Sam Walker, Judge Joan Cooney, two incumbent Congress members, two State Senators, our Assembly Democrats, and by a majority of our candidates for the State Supreme Court. We have a base of success to build on in the years to come”, Latimer noted.

Ticket reservation and ad journal information may be obtained by contacting Ms. R. Richard, Executive Director at Democratic HQ at 946-8300.

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Abraham Lincoln: How a Leader Responds Under Pressure

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WPCNR CITY HALL HERALD STATESMAN. By John F. Bailey. February 12, 2003: February 12 marks the birthdate of President Abraham Lincoln. As part of a long-standing agreement between the city and its workers, City Hall is closed today in observance of the man who saved the Union.

In the days of Lincoln, media coverage was simply print media, however, the amount of reporting on the burning issues of the day was far more detailed than today with dozens of newspapers presenting the chronicles of the burning issues. For Lincoln’s presidency was the presidency of the nation’s greatest crisis in its eighty-five year history: The Civil War. It is interesting to note how President Lincoln conducted himself in dealing with America’s interests, its factions, pulling him to free the slaves.

When Lincoln was running for the Presidency in 1860 at the Republican Convention in riproaring Chicago, he was up against James Seward, a powerful New York politician. However, the western states at the time were highly distrustful of the New York political machine. Lincoln won over support by taking a position of what was good for the nation as a whole.

Taking a Position and Working To it

Lincoln first gave notice of his potential for the Presidency when he impressed Horace Greeley, influential editor of the New York Tribune with a fiery speech at the Cooper Union in February, 1860, delivering a sharp criticism of the South, hard on the heels of South Carolina’s secession from the Union. The speech included these words,

You say you will not abide the election of a Republican President. In that supposed event, you say, you will destroy the Union; and then, you say, the great crime of having destroyed it will be upon us! (The northern states) That is cool. A highwayman holds a pistol to my ear, and mutters through his teeth, “Stand and deliver, or I shall kill you, and then you will be a murderer!”

Greeley printed the speech in his Tribune the next day, scooping the other New York papers, by simply asking Lincoln for a copy of the speech. The subsequent printing in the popular Trib, sent Mr. Lincoln on his way. As William Harlan Hale’s biography of Mr. Greeley (Horace Greeley: Voice of the People)describes the scene at “The original Trib’s” offices, as remembered by Amos Cummings, a young proofreader:

Amos Cummings, then a young proofreader, remembered the lanky westerner appearing over his shoulder amid the noise of the pressroom late at midnight, drawing up a chair, adjusting his spectacles, and in the glare of the gaslight reading each galley (of the Cooper Union speech) with scrupulous care and then rechecking his corrections, oblivious to his surroundings.

A Comeback President

Lincoln had been a highly successful politician from Illinois in the 1830s and 1840s. He was three times elected to the state legislature, and The Kunhardts’ The American Presidency reports he was “a recognized expert at forming collations…he learned how to keep secrets, how to trade favors, how to use the press to his advantage. And he cultivated his relationship with the party hierarchy.”

Graff’s book writes that Lincoln was described as “ruthless,” that he “handled men remotely like pieces on a chessboard.” Humor and frankness were character traits.

Lincoln was elected a congressman, only to serve just one term.

Lincoln had been practicing corporate law privately and had lost interest in politics by 1854, until the repeal of The Missouri Compromise, which had restricted slavery to the southern states. Lincoln felt stirred to come back. He spoke out against the spread of slavery, running for the senate in 1858 against William Douglas, unsuccessfully.

Saving the Union His Mantra

As the furor over slavery and the South’s threats to secede grew, a crisis of spirit and purpose in this nation which makes today’s concerns about terrorism as a threat to America, pale in comparison, Lincoln realized that the Union was the larger issue.
He expressed this in response to Horace Greeley, editor of the New York Tribune, an influential figure at the Republican (Whig) Convention in Chicago in 1860. Greeley was the kingmaker at the 1860 Chicago convention who eventually swung the western states for Lincoln, giving the man from Illinois the nomination on the third ballot over William Seward, the candidate of the Thurlow Weed “New York Machine.”

Greeley then tried to influence the President-Elect to free the slaves. (Lincoln was being lobbied by the still-powerful Weed-Seward faction to compromise with the southern states on the issue of slavery).

Standing Tall Against Pressure.

Lincoln refused to free the slaves as one of the first acts of his presidency, standing firm to hold the union together, when he announced his attention not to do so, on his way to Washington after being elected. His words in this time of international tension, are worth remembering as America considers starting a war for the first time. Lincoln said:

I have often inquired of myself what great principle or idea it was that kept this Confederacy (the Union, he means), so long together. It was not the mere matter of separation of the colonies from the motherland, but that sentiment in the Declaration of Independence which gave liberty not alone to the single people of this country, but hope to all the world, for all future time. It was that which gave promise that in due time the weights would be lifted from the shoulders of all men, and that all should have an equal chance.

Seeing the Big Picture.

After Fort Sumter was fired upon, Lincoln was pressured harder to free the slaves. Still, Lincoln held firm. Mr. Greeley published a blistering open letter to the President, he called “The Letter of Twenty Millions,” meaning his readers (slightly exaggerated)in The New York Tribune. Greeley’s letter took the President to task for not freeing the slaves now that the Civil War was on, writing, “all attempts to put down the rebellion and at the same time uphold its inciting cause are preposterous and futile.”

President Lincoln responded with an open letter which Greeley published in The Tribune. President Lincoln’s letter is instructive as to how a President moves in crisis, when a nation is ripped apart to calm and state his position. He begins with a conciliatory tone, calming Greeley’s bombast:

…If there be perceptible in it (Greeley’s letter) an impatient and dictatorial tone, I waive it in deference to an old friend whose heart I have always supposed to be right.

As to the policy I “seem to be pursuing,” as you say, I have not meant to leave any one in doubt. I would save the Union. I would save it in the shortest way under the Constitution.

The sooner the national authority can be restored the nearer the Union will be – the Union as it was.

If there be those who would not save the Union unless they could at the same time save slavery, I do not agree with them.

If there be those who would not save the Union unless they could at the same time destroy slavery, I do not agree with them.

If I could save the Union without freeing any slaves, I would do it – if I could save it by freeing all the slaves, I would do it – and if I could do it by freeing some and leaving others alone, I would also do that.

What I do about slavery and the colored race, I do because I believe it helps to save this Union, and what I forbear, I forbear because I do not believe it would help to save the Union.

I shall do less whenever I shall believe what I am doing hurts the cause, and I shall do more whenever I believe doing more will help the cause.

I shall try to correct errors when shown to be errors, and I shall adopt new views so fast as they shall appear to be new views.

I have here stated my purpose according to my views of official duty, and I intend no modification of my oft-expressed personal wish that all men everywhere could be free, Yours

A. Lincoln

Wearied by War

Horace Greeley described the toll the Civil War had taken on Mr. Lincoln, seeing him in person shortly beforeGeneral Lee surrendered. Greeley wrote:

Lincoln’s face had nothing in it of the sunny, gladsome countenance he first brought from Illinois. It is now a face haggard with care and seamed with thought and trouble…tempest-tossed and weatherbeaten, as if he were some tough old mariner who had for years been beating up against the wind and tide, unable to make his port or find safe anchorage…The sunset of life was plainly looking out of his kindly eyes.”

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County Passes Contingency Budget Anchored by 14.8% Property Tax Increase.

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WPCNR COUNTY CLARION-LEDGER. February 11, 2003: Westchester County’s Board of Legislators voted 9 to 5 Tuesday evening to increase property taxes 14.8% and enact $10 Million in spending cuts to balance the county budget for 2003.
The budget cuts $3.6 Million in county pay raises, eliminates $2 Million in funding for private and public organizations, and $1.9 Million from the District Attorney’s budget. Fifty-nine layoffs are planned and 300 jobs will be cut. Other areas reportedly cut include legal aid, day care, and drug treatment programs. No county police cuts are planned.

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Bradley Intros Medicaid Cap; Says Cty Prop Tax Hike Eased By Deductibility

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WPCNR Afternoon Tribune. By John F. Bailey. February 11, 2003: UPDATED WITH CORRECTIONS, February 12, 2003 Adam Bradley announced to WPCNR Tuesday that he is very “sensitive” to Westchester County’s argument that state Medicaid mandates increase county costs and has introduced a bill today to “cap” all New York State counties at last year’s Medicaid spending level. “This will force the state to look more closely at the need to increase Medicaid,they will be required to pay for the increased mandated costs,” Bradley said.

Assemblyman Adam T. Bradley also told WPCNR today that Westchester County legislators have overstated the impact of the possibilities of an increased county property tax. This direction is reportedly being considered Tuesday by the County Legislature . Bradley said, any increase in the property tax is tax deductible on New York State and Federal Income Tax returns, reducing any increase by as much as one-third so in his view, any increase is only 1/3 of the stated amounts of increases.

These increases range, by WPCNR’s estimate from $104 per $1,000 Accessed Valuation in White Plains (for an $18,000 accessed home with a county-estimated 14.8% property tax increase)), to as much as over $400 per $1,000 in a typical bedroom community like Hastings.)

Challenged in Senate.

WPCNR asked what chances his Medicaid bill had of being passed by the Republican-controlled New York State Senate, Mr. Bradley said he was working with Senators to introduce the legislation.

Bradley said the bill would transfer the burden to the state for all increase in state-mandated Medicaid payments, in future years, capping the county’s shares at the 2002 level if the bill were passed this year. In Westchester County, the county pays 50% of state Medicaid costs, the state, the other 50%, and the Federal Government the remaining 50%. The bill if passed would keep Westchester County at the 2002 level of spending for the current year, providing, Bradley said budget pressure relief for the county.

WPCNR asked if this was too little, too late, in that the Assembly delegation from Westchester refused to sponsor an increase in the 1% sales tax. Bradley said rhetorically, “does that mean we should do nothing, I am committed to working with the county to providing other ways to relieve these budget pressures.”

WPCNR asked what measures were forthcoming, and Bradley said he and the rest of the delegation were “committed to looking into more gap-closing measures for the county.” He also said that he would be concentrating on working to restore some of the cuts in education another area of great concern.

Medicaid Bill Combats “Great Tax Shift.”

Mr. Bradley said “Governor George Pataki campaigns as a tax-cutter, but what he has really done is preside over The Great Tax Shift, passing tax increases deguised as mandates, that counties have to pass along to localities and school districts have to pass along in the form of property taxes and sales taxes, the most regressive forms of taxation.” Bradley characterized this as a taxation mistake.

Bradley added that he did not feel that Westchester County had made the right choices in how to cut the County budget without the 1% sales tax, but added that he stood by to work with the county in mitigating the impact.

Mr. Bradley observed on the Westchester County dilemma, “You cannot cut property taxes three years in a row, then use a tobacco settlement to cut taxes just before elections without someday having to raise taxes.”

Bill is a Start.

In the official news release announcing his Medicaid Cap Bill, the bill is described as “landmark legislation would have the state bear responsibility for any increase in escalating state mandated Medicaid payments. The state currently passes on 25% of the total costs of Medicaid to the counties. Bradley’s legislation would cap the counties’ share of Medicaid payments at the level set at the close of the immediately prior fiscal year (2002, if the bill is passed and signed by the Governor this session). By accepting responsibility for any Medicaid costs above the current level the state would significantly aid the counties during difficult budgetary periods, Bradley’s release said.

Bradley’s official statement

“We need sensible long-term solutions to the current fiscal difficulties our counties are facing. This measure will provide relief to Westchester and other counties for years to come. Importantly, it will provide the state an incentive to contain its own escalating Medicaid costs”

Meanwhile: Silver would not advance the sales tax without Delegation Consensus.

Bradley provided details to WPCNR on the reported conference held Monday between New York State Assembly Speaker, Sheldon Silver, and the Westchester Assembly delegation. Bradley said the conference took place by telephone because Assembly Speaker Silver was absent from the capitol yesterday for personal reasons.

Bradley reported that Silver learned yesterday the Assembly delegation from Westchester still did not have a consensus agreeing that the Westchester County requested bill increasing the county sales tax 1% to cover the county budget gap should reach the floor. “Assemblyman Silver is not in favor of presenting bills the Assembly delegation did not have a consensus on.”

White Plains ½% Sales Tax to be advanced to the Assembly Floor as a separate bill.

On the issue of the White Plains biannual request to extend their “sunset” ½% sales tax, Bradley reported that he is personally sponsoring the bill as a measure separate from the traditional omnibus spending bill passed routinely later in the year.

Bradley said he is working to get the bill onto the Assembly floor, and is working in cooperation with Senator Nick Spano to get it introduced in the State Senate to get the bill passed faster.
Property Tax Impact Overstated due to tax’s deductibility.

Mr. Bradley voiced his opinion to WPCNR that the property tax as advanced to the Assembly delegation by the county was appropriated only 25% to the communities, and 75% to the county to help cover the county budget deficit, and he felt this was not appropriate, given that the cities were allowed to keep 100% of their sales tax.

He added that the impact of the increased property tax on homeowners was mitigated by the advantage of being tax deductible against the federal and state-income tax rates.

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Quo Warranto Waltz Continues. Recuse Motion Has Capacity to Extend Case

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White Plains Law Journal. By John F. Bailey. February 11, 2003: Councilman Glen Hockley has now been in office since March, 2002, just about 11 months now, and Thursday’s latest move (WPCNR, February 7), could extend the process perhaps another four months to a year.
The remedy of quo warranto as being the speedy process his attorney, Adam Bradley championed 11 months ago, is becoming clearly not speedy at all. It took the Attorney General seven months to bring a quo warranto proceeding after the Delgado legal team (who eschewed quo warranto in the first place, adding to the delay), marshalled the evidence for a quo warranto proceeding.

First there was the Hockley effort to throw out the concept of looking at the voting machine, which Judge Francis Nicolai refused to go along with, saying, “I wear these robes to right wrongs.” The judge ordered the machine to be examined. Then, when all present examining machine (19 persons) agreed it had jammed, the Judge called for a new election in District 18.

The Hockley camp objected to this as the wrong procedure violating Article 16 of the Election Law and not within the scope of the Election Law. The Appellate Court in Brooklyn threw that appeal out, and Hockley took it to the Court of Appeals, which based on off-the-record remarks WPCNR has been told, upheld Hockley’s appeal because “it was afraid of having the courts swamped with election cases.”

Enter the Innocent.

Until now, the only persons hurt by the long Hockley-Delgado saga, have been the voters of White Plains District 18, but with Mr. Hockley’s new motion to dismiss, two others stand to be hurt personally: Diane Lundin, Judge Francis Nicolai’s law clerk, and Judge Nicolai himself.

Diane Lundin, an innocent professional, is playing an unwitting new role, by applying for the vacant White Plains City Judgeship. She has given the Hockley camp a new life.

“Cloud of Questionmarks”

The Hockley attorneys imply in their new motion for recusal of Judge Nicolai, that Ms. Lundin’s application for the judgeship creates a conflict of interest for Judge Nicolai.

The brief, written by new player in the Hockley lineup, Elizabeth Shollenberger, noted as assistant to Counsel Thomas Abinanti, takes note that Judge Nicolai himself announced Ms. Lundin’s application at the January 23 Preliminary Conference, and said he would entertain any questions for recusal at the next convening on the matter.

Hockley’s motion to dismiss brings Ms. Lundin in as a reluctant player putting her in an uncomfortable position as her application for a judgeship with the city is considered, and raises this question in its brief:

The brief muses that Mr. Hockley and Judge Nicolai (to whom according to the brief, Ms. Lundin is described as “a key member of his staff, he relies on professional expertise” would be open to question on motivations in light of the Lundin judgeship candidacy:

Whatever action Mr. Hockley takes on Ms. Lundin’s candidacy (or,indeed, if he should sit on his hands, allowing others to make the decision, observers could conclude that Judge Nicolai’s decision in this case were affected by Mr. Hockley’s action or reaction on Ms. Lundin’s candidacy, or on the other side of the coin, could conclude Mr. Hockley’s votes as a Council Member were influenced by this policy matter.

The brief raises further questions:

Not only would the motivations of both the Council Member (Hockley) and the Judge be thrown into question if Ms. Lundin succeeds in ascending to the bench (either by filling this current vacancy or by appointment later in 2003 to another anticipated vacancy), she would be starting her judicial career under a cloud of question marks – observers could speculate on the motivation for her appointment.”

The section on Lundin concludes that Judge Nicolai recusing himself would promote public confidence in the integrity and impartiality of the judiciary, and allow Mr. Hockley to perform the functions of his council office without concern about the appearance or reality of undue influence.

What about the Lundin Viewpoint?

From Ms. Lundin’s standpoint, she could question the Mayor’s Selection Committee if they do not select her, because Mr. Hockley has raised this issue. If she is not selected, Ms. Lundin might assume that she was unfairly excluded from consideration by the Mayor’s Committee, because of her employment with the Hockley judge. She might have a legitimate complaint against Mr. Hockley and his attorneys for prejudicing the Mayor’s Selection Committee against her, giving them a reason not to select her for the city judgeship.

The sad situation Ms. Lundin finds herself is due to Mr. Hockley’s legal bid to get another judge to consider his case all over again, with no thought at all to the position in which her mention in his motion places Ms. Lundin.

There are conflicts of interest everywhere, it seems. Judge Nicolai did not have a problem with her application, and brought it to everyone’s attention at the Preliminary Hearing.

The brief rests its motion to recuse , in part, reguarding the Lundin question on the judicial law prohibiting the appearance of impropriety.”
Of course, considering that approximately 40 or more persons have applied for that judgeship, it would be very curious if Mayor Delfino’s committee selected her. The odds are long.

What is even more curious is that Mr. Hockley is quoted as saying it would be a conflict of interest for him to vote on her if he was sitting on the council. Does this mean that Mr. Hockley would vote against her? Or vote for her because her application furthered his case? Or that, if Mr. Delgado were returned to the council by Judge Nicolai, perhaps Mr. Delgado might vote against Ms. Lundin as a judgeship in a vindictive move?

But, does Ms. Lundin’s application become a conflict of interest for anyone until Mayor Delfino’s committee selects her from the 50 or so applicants? Obviously, in order for Ms. Lundin to figure as a conflict of interest, we just have to wait and see until the Committee makes its recommendation. So Judge Nicolai might very well simply declare a wait and see attitude, and not rule on the motion.

Hockley Will Not Abdicate

Of course, now that a quo warranto suit has been joined, Mr. Hockley could resolve this problem of having to vote on Ms. Lundin’s appointment, or any appointment by taking a leave of absence from the Common Council, until it is resolved. He was not appointed to the council until after the original lawsuit was resolved.

WPCNR asked Mr. Hockley last week if he would consider resigning from his council seat and abdicating in favor of Mr. Delgado as a good will gesture to bring the matter to a close, and he said he absolutely would not. Of course, the Common Council President, Benjamin Boykin, would then have the responsibility of appointing Mr. Delgado.

Journal-News, Quote of Judge Nicolai at issue.

Section (b) of the motion moves that Judge Nicolai recuse himself for commenting “I don’t see any reason to recuse myself” when asked for comment by Journal New reporter Susan Elan about the quo warranto proceeding in which Attorney General spokesperson Marc Violette noted that the Attorney General had requested Nicolai be given the case for an efficient resolution to the case.

According to Ms. Shollenberger’s brief, Nicolai violated The Rules of the Chief Administrator of the Courts Governing Judicial Conduct, which read: A judge shall not make any public comment about a pending or impending proceeding in any court within the United States or its territories.

The brief points out that if the quote is accurate, it appears that Judge Nicolai had already been considering the possibility of recusing himself, and had made up his mind not to recuse. This, the brief maintains, would indicate that Judge Nicolai has violated this rule of judicial conduct, and the brief is maintaining this “preprejudiced position” as a second reason for Judge Nicolai to recuse himself.

Judge accused of preducial attitude towards the case

Ms. Shollenberger’s motion, continues to her third argument for Judge Nicolai to recuse himself: statements the Judge made in the Preliminary Conference indicating he was not inclined to reexamine the evidence and previous findings of fact.

Her argument draws on the definition of quo warranto : “entitling the defendant the right of discovery, including the right to a jury trial. The returns and certificates are deemed only prima facie evidence and the parties are permitted to go behind them and show what took place at the election, the number of votes cast…and in controversies of this character that they will be shown by any available legal evidence.

Ms. Shollenberger contends that Judge Nicolai both in the original Article 16 proceeding last year and in the Preliminary Conference of January 23, “has prejudiced the scope and outcome of this proceeding.”

She cites Judge Nicolai’s remarks at the January 23 conference, where he mused on what the effect was of the Attorney General’s finding that Mr. Delgado won the election. Shollenberger argues that the attorney general’s “finding” is akin to a District Attorney’s fact-finding in a case, and she concludes, “only a jury can act as the finder of fact in this proceeding.”

She notes the Judge listened to Mr. Abinanti’s request for discovery and the notion of accepting the attorney general’s findings as fact, and the judge responded, “There are no questions of fact here.” She quotes Judge Nicolai’s retort to Mr. Abinanti’s request for discovery:

I don’t know what there is to discover. There cannot be any question in any reasonable, logical, clear-thinking person that this machine was not broken, can’t be. Nineteen people came in and said that.

She notes his subsequent remarks to Thomas Abinanti “if you waste my time, I’m going to sanction you. Do not make the simple complicated, gentlemen. I sense this may be the goal here. I won’t have it. We’re in recess.”

The brief notes “A judge does not customarily state that there are no disputed factual issues in a plenary action even before a defendant has answered . Judge Nicolai’s view of this proceeding is colored by his having presided over the Article 16 case.”

“Narrow Prism of Facts”

Ms. Shollenberger underscores the point, noting also, that Judge Nicolai appears “impatient with any factual or legal issues not directly connected with one voting machine in one election district and that has prejudged the issues herein, and for this additional reason, Mr. Hockley moves herein for his recusal.”

Citing People vs. Zapacosta, Shollenberger points out that the bench in ruling that the judge should have recused himself because of prior knowledge of a case involving the defendant, was also aware that the defendant was faced with the option of choosing a jury trial or a trial in which the judge had that prior knowledge. Shollenberger accuses Nicolai of viewing the case through “the narrow prism of facts” he encountered in the Article 16 Delgado vs. Suderland case. In People vs. Zapacosta, according to the brief the defendant confessed to a crime, then implicated the defendant who was then tried by the same judge based on testimony of the previous defendant’s confession.

The Quo Warranto Marathon Descends into Murky Gloom thanks to The Court of Appeals.

The irony at work here is that if a new election were held in White Plains today, Mr. Hockley, based on his performance on the Common Council, his walkabouts, his voting record, and his 11 months of accomplishment, might very well defeat Mr. Delgado in District 18, and he might certainly win if the election were held citywide.

Mr. Hockley, by refusing to go along with an election in the first place, now with this motion to recuse, shows he was never interested in finding out the will of the voters ever. It is all about keeping his seat.

By possibly compromising an honest effort of Diane Lundin to further her career, as a means to get Judge Nicolai thrown off the case, Mr. Hockley’s legal team is embarrassing Ms. Lundin, making her an innocent victim of this exercise in election law semantics and procedures.

Speaking of Procedures: Did Attorney General err by requesting Judge Nicolai?

In another thought on this matter, this entire conflict of interest question has been precipitated by the Attorney General’s specifically asking for Judge Nicolai to consider the case.

Perhaps this was not the most brilliant thing for the attorney general’s office to suggest.

A Legacy of Dubious Effectiveness.

The questioning of Judge Francis Nicolai, the interference with Ms. Lundin’s career to buttress a case, the questioning of a reporter’s asking a judge for comment, all have been the net effect of the New York State Court of Appeals refusing to interpret Election Law (allowing the courts to fashion a remedy), in the original Delgado-Sunderland appeal last March.

The New York State Court of Appeals Justices apparently wear their robes for different reasons than Judge Nicolai does.

Judge Nicolai’s reason for wearing his robes was heard by this reporter in December of 2002, when I heard him say as he touched his black robed sleeve, last December “I wear these robes to right wrongs.”

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Board of Education Meeting Rescheduled for Wednesday at 6:30 PM

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WPCNR SCHOOL DAYS. From Michelle Schoenfeld. February 11, 2003:The Special Meeting originally scheduled for 7:30 P.M. (Annual Budget Committee) will begin at 6:30 P.M., with the business meeting originally scheduled for Monday, February 10th that was cancelled due to weather conditions.

The 6:30-7:30 portion of the meeting will take place in the Board Room at Education House, 5 Homeside Lane, and is open to the public. At 7:30, the Annual Budget Committee meeting will take place, as planned, in the Assembly Room.

The Special Education and Section 504 discussion originally planned for February 10th will be rescheduled for a later date.

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Original Play Reading Scheduled for Northern Westchester Arts Center

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WPCNR WHITE PLAINS VARIETY. From The Hudson Stage Company. February 9, 2003:Hudson Stage Company and the Northern Westchester Center for the Arts in Mount Kisco announce a staged reading of noted writer Theresa Rebeck’s new play, THE BELLS, Saturday, MARCH 8th at 7:30 p.m. Suggested door donation for THE BELLS: $10.00. The production will be at the Colleen Dewhurst Theatre, 272 North Bedford Road in Mount Kisco.For reservations and further information call NWCA at 914-241-6922
or HSC at 914-271-2811.

THE BELLS is a radical adaptation of the 19th century melodrama by the same name. The story is set against the harsh and unforgiving backdrop of the Alaska Gold Rush and offers us a multi-layered and tragic tale: epic in its themes of survival and prejudice.

It is d irected by Dan Foster, with Denise Bessette and Olivia Sklar, Producers. It will feature professional actors from Broadway, TV and film. There will be a talkback with the participating artists immediately
following the performance.

Ms. Rebeck’s work has been seen on TV’s LAW AND ORDER, BROOKLYN BRIDGE, DREAM ON and NYPD BLUE (Peabody Award). Film: HARRIET THE SPY. Off-Broadway plays include LOOSE KNIT and SPIKE HEELS. Productions at theatres include Playwrights Horizons, Second Stage, NY Theatre Workshop, Hartford Stage, Seattle Rep, Long Wharf, Actors’ Theatre of Louisville, Naked Angels and NY Stage and Film.

Hudson Stage Company is Westchester’s only professional nonprofit theatre to solely produce original, provocative and affordable new plays. In its fourth year of operation, there have been over 35 staged readings and 3 fully produced mainstage productions that were NY Premieres. This coming fall, Hudson Stage is proud to present the world premiere of David Wiener’s BALTIMORE STAR, a haunting portrtait of a family of Jewish emigres assimilating into postwar America.

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Mamaroneck Artists Showcase at Arts Council

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WPCNR WHITE PLAINS ART NEWS. From Westchester Arts Council. February 9, 2002:-To celebrate its 50th anniversary, the Mamaroneck Artists’ Guild will present “MAG at 50,” an exhibition showcasing the work of its members beginning on Friday, March 21, 2003 in the Grand Banking Room of The Arts Exchange, 31 Mamaroneck Avenue, White Plains. The exhibition, which is free and open to the public, will continue through Saturday, April 12. Artists are in addition invited to “curate” an exhibition for 2004. Applications are due by March 21.
An opening reception and wine tasting will be held on Sunday, March 23rd from 3 to 5 p.m. For gallery times, or more information, please call (914) 428-4220.

Westchester Arts Council invites artists and affiliate organizations to submit proposals for the third year of artist-curated exhibitions to be held at The Arts Exchange, 31 Mamaroneck Ave, White Plains beginning in 2004. Participants will be
asked to organize the installation and staffing for the gallery.

Applications must be received or postmarked by 5 p.m. on Friday, March 21, 2003. For submission guidelines and application information, please
call Rosemary Erpf at (914) 428-4220, x 241 or e-mail: rcerpf@westarts.com.

Regarding, the MAG at 50 Exhibition, premiering that day, Janet Langsum, director of the Westchester Arts Council said,

“Mamaroneck Artists’ Guild is a dynamic community of Westchester artists with an impressive roster and history. The Arts Council is pleased to partner with Mamaroneck Artists’ Guild for what promises to be a stellar exhibition.”

“MAG at 50” will be curated by David Fox, a British artist and adjunct professor of painting and drawing at the Westchester Art Workshop. Works for “MAG at 50” will be chosen through a jury selection, which is open to members and associate members.

Mamaroneck Artists’ Guild, founded in 1953, has a membership of over 300 Westchester artists, many of whom have achieved national recognition, and a spacious gallery on Boston Post Road. The organization provides a venue for its members and camaraderie through programs, lectures and community activities. Membership in the Mamaroneck Artist’s Guild is through biannual jury selection.

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Hockley Team Demands Judge Nicolai Recuse Himself from Quo Warranto.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. February 8, 2003: The Glen Hockley legal defense team filed a 50-page motion Thursday asking Judge Francis Nicolai to recuse himself from handling the quo warranto action brought by the New York State Attorney General on behalf of former Councilman Larry Delgado.

The grounds for the motion for recusal consist of Judge Nicolai’s saying he did not think his law clerk’s application for a White Plains judgeship was a problem in his judging the case. The second grounds for the recusal, according to the Hockley motion, is that Judge Nicolai indicated in the preliminary conference that he did not feel there was any more evidence to bring to the case.

The motion is expected to be ruled on this Friday, February 14

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Mayor Delfino Charts City Course for 2003: State of the City Message

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WPCNR’S FOR THE RECORD. The Mayor’s State of the City Speech. Delivered February 3, 2003: On Monday evening at the February Common Council Meeting in White Plains, Mayor Joseph Delfino presented his State of the City address in which he introduced a number of policies, initiatives, and issues facing White Plains. Here is the transcript of the Mayor’s address:



MAYOR JOSEPH M. DELFINO of the City of White Plains
Photo by WPCNR News


The first item on our agenda tonight is the annual State of the City Address.

And it is with great pleasure that I report to you tonight that the State of our City is strong.

We as a City have much to be excited about. Confidence in White Plains is at an all time high and we are well on our way to becoming a national success story for revitalizing suburban cities. Everywhere you look in our City, progress is showing and excitement is building.

Having spent most of my lifetime in White Plains and having served over twenty years as an elected official, I can safely say that never before have I seen so many good things happening at one time in our City. And I can’t thank the people of White Plains enough for their support and commitment as we all have been working together to make our community the best that it can be.

Last year at this time, when I outlined my agenda for the first year of my second term as Mayor, I promised that we would work hard to finish the numerous economic development projects that were under way and that we would continue to encourage new investment in our downtown. And I am happy to report that as of tonight, we have reached a record setting $1.3 billion of investment in this City. Construction crews have been working feverishly to finish their work and their efforts are starting to show.

At the gateway to our City, two new apartment buildings have been erected at 50 Main Street, formerly referred to as “The Hole in the Ground”. With completion scheduled for this spring, this new apartment complex will put to an end once and for to the hole in the ground saga that had plagued us for two decades.

We have also seen tremendous progress at the site of the future City Center on Mamaroneck Avenue. Construction of the City Center is progressing with great speed and is expected to be completed in October. With its completion comes the realization of a long time dream to bring the movies back to White Plains and to reverse a steady decline in our downtown.

Also moving quickly toward completion is the new Fortunoff’s on Bloomingdale Avenue. The new retail center is expected to open this fall and will generate millions of dollars in revenue for the city.

We also expect the completion of a new residential project at Canfield and Main Street, which will represent the first residential building to be built in the downtown since 1988.

For the first time in 17 years, White Plains now has its own major supermarket within the city limits. This past December, the brand new 60,000 square foot Stop & Shop Superstore opened its doors to the public. Stop and Shop now compliments other smaller food stores and superettes in the City.

Each one of these development projects has been part of an overall revitalization plan, which I believe has been the blueprint to our success. And I believe that we need to continue along the same path to ensure that we finish the job we started. Within the next couple of months, I intend to release Phase 3 of my economic development plan, which will finish off what we started some five years ago. There is much more we can do to make our downtown one of the greatest in the region, and I firmly believe that we have the momentum on our side to get the job done. I would like to express my appreciation to the members of the Common Council for their input on Phase 3 and I am optimistic that the initiatives that I will outline in the plan will receive strong support.

I would also like to thank the White Plains Business Improvement District for working very closely with us on Phase 3. I can’t say enough about the progress that the BID has made over the past year and in the strong working relationship that has developed between the BID and the City. Our sidewalks are cleaner, our downtown special events are better attended, communication with our merchants is excellent, and plans are under way for new initiatives that will make our downtown a unique and exciting place to be. This strong relationship has been invaluable and it is hard to imagine any downtown succeeding without the City and the BID working together hand in hand. Having looked at other cities nationally, we have found that adversarial relationships between a BID and its City are symptoms displayed by failed downtowns and I am thrilled at the example that we have set here in White Plains and I would discourage those who look to create conflict where none exists.

Economic development, as important as it is, is merely a means to an end. Creating new investment in White Plains is a necessary means to preserving and protecting the excellent quality of life that White Plains has long been known for. Each of these new projects expands our tax base, creating more revenue to fund important city programs without unduly burdening our homeowners.

And while I am very pleased with the construction projects under way in our downtown, I am even more proud of the great strides we have made to enhance our recreation programs, to improve our parks, to preserve our open spaces, to protect the quality of our neighborhoods, to keep our streets safe, to create more affordable housing, and to create new programs for our youth and our seniors.

For the first time in history, White Plains will have access to lakefront property which residents can use for a variety of recreational opportunities including boating, fishing, and lakeside picnicking.

This past October, I signed a 30-year lease with Westchester County for $1 per year that gives White Plains control of lakefront property on the site of the old Dellwood dairy bottling plant, which borders St. Mary’s Lake (commonly known as Silver Lake). With gorgeous views of the lake and access to the County-owned Silver Lake Preserve, the 2-acre property is one of the most beautiful spots in White Plains.

Within the next month, I intend to unveil my plan for the construction of a passive park on the property, which I hope to have open to the public by this summer. I thought it would be appropriate to name the property “Liberty Park” in honor of the victims of the terrible tragedy that occurred in our country on September 11th. Liberty Park will be both a peaceful spot in our city for reflection and also a perfect place for all of us to celebrate life and nature and to enjoy the company of our family and neighbors…the very liberties we most cherish in our lives.

I have also planned for a September 11th memorial committee to establish a permanent memorial specifically in recognition of the five White Plains residents who lost their lives on that tragic day. The committee’s charge will be to determine what type of memorial is appropriate, where it should be located, and how we can get the community involved to ensure that the memorial gets built.

I am also proud of two important quality of life projects that were approved this past November and are currently under way.

The first project involves a plan to fix the badly run down Main/Mamaroneck Park, including the crumbling concrete fountain, which has been out of service for over a year. The park, with its poor lighting and its uninviting design, has lost favor with residents over the years.

The new plan calls for demolition of the existing fountain and plaza area in order to create a more inviting, attractive recreational area including a unique water feature specially designed to create new street life and family fun in the downtown.

The plan includes various grassy areas where visitors can view concerts and other special events. A refreshment kiosk and outdoor tables and chairs will provide a great opportunity for outdoor dining and enjoying the downtown.

The second project involves the creation of a performing arts center which will be incorporated into the new City Center. The new 400 seat live community theater will be completed this fall and will provide a full range of cultural opportunities including off- Broadway quality productions, concerts, lectures, and children’s shows.

The performing arts center fulfills a 30-year dream to create exciting live shows and arts offerings in the downtown and will meet the needs of a variety of local arts groups which have been in desperate need of performance space to cultivate and showcase the talents of their artists.

The cost of construction for both projects has been capped at $7 million dollars and will be paid for from federal, state, and county funding sources and through bonds paid for by parking fines. No money will be used from City property taxes to pay for either project.

I am also very proud of the progress we made in other areas of our recreation and parks program. We refurbished a number of our ballfields which were desperately in need in repair, we implemented new programs at our Senior Center, with a strong focus on computer training and health and fitness, we expanded pre-school classes and provided additional services for developmentally disabled adults and children.

This year also brought changes in our Public Safety Department, with the appointment of a new Public Safety Commissioner, Frank Straub, and two new Deputy Commissioners, Dave Chong and Charles Jennings. Dr. Straub and his team bring tremendous expertise and professionalism to our department, which already enjoys a reputation as the best in Westchester County.

Police and fire services are a vital part of preserving the quality of life in White Plains and I am very excited about some of the new public safety initiatives that we have been working on. One such initiative was implemented this past summer. Police officers on bicycles are now patrolling in the downtown. The new program is a valuable enforcement tool which gives police officers access to areas ordinarily inaccessible to patrol cars and increases their visibility on the streets. The program has been greeted with great enthusiasm by officers and residents as an excellent way for police to interact with the community.

Over the next few months, I will be announcing several other new initiatives including a plan to bolster our efforts in cracking down on speeders, a new training program to better prepare our public safety personnel for an unlikely terrorist event, and new outreach efforts to foster better police/community relationships.

This past year, we were also successful in resolving a 20-year old controversy involving the White Plains campus of New York Presbyterian Hospital. This August, a proposal to construct a $250 million dollar biomedical research and cancer treatment center in White Plains received City approval after an extensive 18-month review process. The project, which will be constructed on the hospital’s campus, will bring to White Plains some of the newest and best medical technology available today, particularly in the fight against cancer.

Cancer is the second leading cause of death in the United States exceeded only by heart disease. About one out of every four deaths is from cancer. This year alone, 550,000 people will die of cancer, roughly 1,500 people a day. About 1.3 million people will learn from their doctor this year that they have cancer and since 1990, about 16 million people were diagnosed with cancer. We certainly have a long way to go in winning the war against this deadly disease and I wish New York hospital well in their life saving efforts.

This past year, we were also successful in resolving a 10-year old stalemate between the City and the White Plains Housing Authority. By working together, we were able to come up with a plan that will result in the construction of a new office annex on the Winbrook campus that will better serve the residents there and will also provide needed community space while preserving vital green spaces.

This year, we also opened a new headquarters for our Youth Bureau located at the Eastview School. The new center features a new Teen Lounge, a new fitness area and gymnasium, a small cafeteria, and new offices and meeting rooms. In addition to these new amenities, the center also houses the Youth Bureau’s Technology Center, which provides students with access to computers and the Internet. Special thanks to the White Plains School District for their partnership in this effort.

I am also proud of our new literacy program that we launched this past October, which offers English literacy classes to White Plains residents. This new program, called ESL for Daily Living, focuses on giving residents with little or no english skills the opportunity to learn how to read, write and speak English. The program has been made possible through a partnership between the White Plains Public Library, the Westchester Library System and Westchester Community College.

It’s hard to imagine not being able to read or write. But for some residents of White Plains, the inability to read or write is a harsh reality that puts them at an extreme disadvantage in today’s world. Lack of reading or writing skills can be a major hurdle in getting a job or advancing a career.

The inability to speak English makes life’s challenges that much more difficult. Whether it is helping your children with their homework, talking to your doctor about healthcare, or even shopping for groceries, basic English literacy skills are vital. And, yet sadly, many people don’t know that they can get help. And that is why I am so proud of this new program and the potential it has to positively change people’s lives.

During the upcoming year, we as a City will continue in our efforts to improve the quality of life for our residents. Within the next couple of months, I will be proposing legislation that will put in place guidelines and procedures that will begin making the new affordable housing units currently under construction available for those who qualify. I will also look for opportunities to encourage the construction of new affordable housing.

I will also continue to implement my open space initiative. Since I announced my initiative two years ago, we have made tremendous progress in acquiring properties for open space preservation. But there is still more to be done and I am hoping that 2003 will be a good year for us. Over the past several months, I have been meeting with representatives of New York Hospital to discuss the issue of parkland. Everyone acknowledges that the hospital has no legal obligation to contribute any parkland to the City. However, in meeting with the hospital, I truly believe that the hospital is interested in our community concerns and I intend to continue my dialogue with them.

This year, I also expect to expand our efforts in cracking down on illegal occupancies. Our building department has been working extremely hard to address this growing problem but there is more to be done. My administration has been working on a plan that will involve the creation of an Unsafe Housing Task Force, which will combine and coordinate the efforts of our police, fire officials, building inspectors, and our law department to target illegal and unsafe housing conditions.

I also intend to address the need for more parking in the downtown and bring to resolution the debate on whether or not to add parking decks to the Waller/Maple parking lot. There are a lot of pros and cons to the issue and we need to make a decision one way or the other.

We will also need to resolve the issue of our City Hall, which is badly in need of repairs. There are a several options that have been presented to the Council and a decision will need to be made this year. Several members of the Council, myself included, are leaning in favor of the least costly option, but so far, there has been no clear consensus.

Our most important legislative initiative this year will be for state approval of the extension of the City’s half percent of the sales tax. We go through this every two years but we shouldn’t take it for granted. Without the half percent, property owners in White Plains will face massive tax increases and reduction in services.

Even with the sales tax extension, we face some significant budget challenges this year. White Plains has not been immune from the slump in the national economy. Sales tax revenues, which make up a large percentage of our revenue stream, are less than expected. Additional, huge increases in employee pension fund costs mandated by the state have put a strain on our budget. Sadly, White Plains is not alone. Cities, towns, and villages throughout New York are facing similar problems, with significant tax increases necessary to make up the shortfall. Over the next couple of months, tough decisions will need to be made as we complete our budget and as always, I ask our residents for their understanding and support. We are all in this together. The good news is that with all the new projects coming on line this year, there is a light at the end of the tunnel for us here in White Plains.

This year, we will also have new development projects to consider, including a proposal for a $300 million hotel and condominium complex on the corner of Mamaroneck Avenue and Main Street. I also expect to see some proposed improvements at the Galleria Mall and at the Pavilion Mall. We will also be keeping a close eye on the residential project at 300 Mamaroneck Avenue.

To my colleagues on the Common Council, I would like to once again thank you all for your service to this community. Each of you in your own way have put in a tremendous amount of time and effort and I am sure that you will all agree that we had an amazing year. One thing that I have noticed in the five years that I have been Mayor is that when we unite and rally behind a common cause, we get things done. When we put aside partisan politics and do what’s best for our community, great things happen. When we look at each other as colleagues and not as competitors, we foster an environment of progress and positive change. And I would encourage each and every one of you to stay focused on our joint objectives without being distracted by the same handful of partisans who prefer political infighting and animosity over progress. There is no question in my mind that if we stand united, we will continue to break new ground and flourish as a City.

I would also like to thank our City’s new superintendent of schools, Tim Connors. Mr. Connors and I have been meeting regularly to enhance communication and to better coordinate the efforts of our City agencies and our schools and I look forward to continuing our partnership on issues of mutual concern.

I am also very grateful to our City employees, who work above and beyond the call of duty to make White Plains a better place.

Finally, to my wife Ellie, once again I would like to thank you for putting up with my crazy schedule and for your continued support. And to every resident of White Plains, I truly appreciate your faith in my administration and I look forward to many great things to come.

Thank you.

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