WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey January 24, 2003: The Delgado-Hockley quo warranto action held its Preliminary Conference with Judge Francis Nicolai Thursday morning, and was recessed until February 14 for the respective counsels to respond to Glen Hockley’s new attorney’s motion to dismiss on statute of limitations grounds.

However, courtside observers in this unusually choreographed opening round observed two unique flurries of lively exchanges between counsel and bench.
Tom Abinanti, the County Legislator from the Queen City of New Rochelle, is Mr. Hockley’s new counsel. Abinanti filed a motion to dismiss the quo warranto action being brought on Mr. Delgado’s behalf by Joel Graber, assistant State Attorney General on two grounds: 1.) That the quo warranto action was being initiated beyond the 4-month statute of limitations for contesting elections, and 2.) That Mr. Delgado had “sat on his rights” and violated the Doctrine of Laches by not bringing the quo warranto action sooner.

The Preliminary Conference set dates for both parties to respond to the motions, reconvening February 14. However, two interesting situations developed.

Judge’s law clerk applies for City Court Judgeship

Judge Nicolai before proceedings got underway informed the counsels, Mr. Abinanti, Jeffrey Binder and John Ciampoli for Mr. Delgado, and Joel Graber, for the Attorney General’s office of a possible conflict of interest.

He said his law clerk, Diane Lundin, had applied for the vacant White Plains Judgeship on the City Court. He asked if any of the attorneys had a problem with this, since Mr. Hockley, a principle in the case, is on the Common Council, which has to approve any judgeship appointments to the City Court. Mr. Abinanti said he would address that after Judge Nicolai ruled on the motion, suggesting that a new law clerk possibly handle the matters relating to the case. Mr. Graber and Mr. Binder said they had no problem with it.

What Could be Discovered by Disclosure

The dates set for responses to the motions, Assistant Attorney General Graber noted to Judge Nicolai the need for disclosure (sharing of witnesses and evidence with Mr. Abinanti) to continue while Mr. Abinanti’s motions were being considered.

Judge Nicolai raised the issue of “What more from a legal standpoint, could be gained from further disclosure?”

Mr. Abinanti stood up and said he was contemplating a jury trial on the matter, was new to the case, and needed time to review the evidence, since he was limited in his resources in examining the evidence.

Judge Nicolai’s eyebrows flared, and said in a rising voice, “No reasonable, clear-thinking person could say that that machine had not jammed. Nineteen people saw it. You waste my time, I’ll sanction you.”

Slamming his fist down on his bench, Judge Nicolai rose majestically and sharply rebuked the counsels, “Do not make the simple complicated, gentlemen, I repeat, do not make the simple complicated. I decalre a recess.”

This left the counsels to talk among themselves about what exactly the Judge was indicating, and some twenty minutes were spent among the four attorneys interpreting just how much disclosure would be tolerated, after Judge Nicolai rules on the motion to dismiss.

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WPCNR WEATHER SCOOP. From National Weather Service. January 23, 2003: The Jet Stream continues to feed us cold air from Siberia in the Russian Steppes, and swooping it down over Canada and right on White Plains. The meat locker temperatures will continue, significantly chilled by the prevailing West Northwest winds. The complete National Weather Service Forecastwith Frostbite Warnings sustained:
SPECIAL WEATHER STATEMENT
NATIONAL WEATHER SERVICE UPTON NY
401 AM EST THU JAN 23 2003
…FRIGID COLD TO CONTINUE TO GRIP TRI-STATE AREA…

VERY COLD TEMPERATURES ALONG WITH BRISK NORTHWESTERLY WINDS WILL CONTINUE TO PRODUCE BELOW ZERO WIND CHILL TEMPERATURES DURING THE NIGHTTIME HOURS OF THURSDAY.

DURING THURSDAY NIGHT THE MERCURY IS EXPECTED TO BOTTOM OUT AROUND 10 DEGREES ABOVE ZERO IN NEW YORK CITY…WHILE THE SUBURBS WILL EXPERIENCE LOW TEMPERATURES RANGING FROM AROUND 5 DEGREES ABOVE ZERO ACROSS THE LOWER HUDSON VALLEY AND INTERIOR SOUTHERN CONNECTICUT…TO 5 TO 10 ABOVE ACROSS LONG ISLAND…COASTAL CONNECTICUT AND NORTHEAST NEW JERSEY.

THIS IS CONJUNCTION WITH BRISK NORTHWEST WINDS WILL CREATE WIND CHILL READINGS AS LOW AS ZERO TO 5 BELOW IN NEW YORK CITY AND 5 TO 10 BELOW IN THE SUBURBS.

Frostbite Inhibitors Recommended

WHEN VENTURING OUTSIDE…MAKE SURE TO DRESS IN SEVERAL WARM DRY LAYERS. IT IS VERY IMPORTANT TO KEEP YOUR HEAD…HANDS…AND FEET COVERED TO AVOID FROSTBITE. FROSTBITE CAN OCCUR WHEN FLESH IS EXPOSED TO THESE WIND CHILL VALUES FOR A TIME.

THE FIRST SIGN OF FROSTBITE IS A NUMBNESS OF THE FLESH. THEN…WATCH FOR BRIGHT RED PATCHES THAT TURN WHITE OR GREY.

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WPCNR Common Council Chronicle-Ledger. By John F. Bailey .January 21, 2003: The Common Council heard a request from JPI of Dallas Texas Tuesday evening to extend the organization’s site plan approval until October 1 of this year. They also were shown a “Site Stablilization Plan” to prepare the site for “land-banking” should the Dallas apartment developer not secure an additional $20 Million in financing it seeks by May 31 of this year.

In other action, James Glatthaar, speaking for David Seltzer, designated developer of “The Hamilton” project planned for the Church Street and Barker Avenue lot said that it has met the city’s ultimatum of “show us financing in 7 days or your out,” and that it hopes to showcase a new “marketing mix” for the apartment complex by Friday. That mix would move apartments from mostly 2-bedroom with den, to 1-bedrooms with dens, a atttempt to appeal to more young singles and couples.

In the final event of the evening, outgoing Budget Director, Eileen Earl presented her last city budget prognosis in her usual meticulous, comprehensive style. The news was not good.
The city faces a $1.7 Million Sales tax gap and the prospect of double-digit increases in pension and health benefits, as well as a declining unallocated fund balance. She noted that in a best case to worst case scenario, there could be an increase in the city property tax ranging from 5% to 15%, depending on how the sales tax numbers come in over the last two quarters of the fiscal year which ends June 30. receipts. Her litany of pressures on the budget were sobering. She cautioned the media not to sensationalize the tax increase prospects, that her figures were simply preliminary and were meant to give a snapshot of the budget.

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WPCNR News Comment. By John F. Bailey. January 19,2003: Millions in the streets in Washington this weekend, protesting and urging America not to start a war with Iraq. Would Dr. Martin Luther King, Jr., have felt at home? I am sure he would be in the forefront, but remembering him, I think he would have another message to get across to us beyond the “no war” message.

He would say there are still wars to be fought at home that America is losing, and has been losing for sometime.

This morning there were two celebrations of Dr. King’s memory at the County Center and at the Crowne Plaza. I did not go because the leaders who went to these functions, members of all the races, creeds, income levels, and power positions were just doing what is always done on Dr. Martin Luther King Day. They celebrate Dr. King’s peaceful focus on the issue of segregation in the 1960s. This is very nice. It makes all who participate feel good. That they have “done the right thing.”

Actually these celebrations are a way out of doing something about the real wars Dr. King would have been fighting today.

The last thing Dr. Martin Luther King, Jr. wanted to do was to make people feel good. He wanted to wake you up. Get in your face. Show you the real picture. He did not go gently into the morning. He made you pay attention. By showing you what was wrong by demonstrating segregation in action. Getting arrested. Putting himself out there.

Who does that today about matters that really matter?

In my opinion, celebrating Dr. King’s accomplishments is only part of Dr. King’s legacy. What I took from Dr. King, was that this man had the courage to point out wrongs. To work to expose those wrongs continually. He could not avert his head. He did not play politics.

He did not associate with fools. He did not offer respect to persons just because it was politically correct. He did not tolerate the message of hate, no matter who was preaching it: Ku Klux Klan or a Black leader.

It was to Dr. King’s credit that he “kept his eye on the prize.” He did not compromise. What would Dr. King say to the leaders of today?

I believe he would look around with that great, piercing gaze of his and ask, what have the leaders of the concerned and the powerful and the diverse minorities today done for their people to focus attention on what is wrong? And fix it?

Have they lead marches against illegal housing, for example? No.

Only homeowners in neighborhoods occasionally complain about illegal housing, and so far only one councilman in four years has attempted to even quantify the illegal housing growth.

Where are the minority leaders whose people are most exploited on these issues? Why does it take a Glen Hockley to focus on their problem?

Have the community leaders of underachieving minorities demanded more attention to the minority achievement gap? No, it took a superintendent search to focus in on that problem, and arouse the minority community to make this a strong issue.

African-American and Hispanic leaders should be out there, and should have been out there in the forefront to work hand-in-hand with the school district to bridge this gap. Timothy Connors, the new Superintendent of Schools is reaching out to the communities to identify, quantify, and see what approaches work and do not work. But, why weren’t the communities speaking out more strongly five years ago?

Has there been a grassroots movement to educate the underprivileged to the computer revolution? No it took Mayor Delfino’s personal experience and long concern about education of the underprivileged to invent the Digital Divide labs, and open five in 4 years in the city, because he wanted to. The Digital Divide Labs are perhaps the Mayor’s most understated but meaningful achievement.

Here is what I believe Dr. King would say to us today: We must make a difference in our own cities and towns. We must look inward, and when we see wrong things, work to fix them. Expose ourselves to be politically incorrect. Put ourselves at a little risk, to reputation, to alienating friends who may not agree with us. Be brave.

As we get older we get too comfortable. Too much to lose. Too afraid to make a difference.

That was what made Dr. Martin Luther King, Jr. different. He was not afraid.

Concerned Citizens for Open Space, essentially a group of well-meaning citizens, has been the most active White Plains protest group of the last 15 years, and what galvanizes them? A tract of land owned by someone else. They are passionate, committed.

Meanwhile, there are more important issues everyone should tackle: illegal housing has been a tolerated cottage industry in White Plains. Homelessness has not been solved because the victims are just housed. Minority youth are routinely marched off to do jail time in their teens, when white, well-connected teens commit serious crimes and get off with very light sentences.

Dr. King, you can be sure would not tolerate the homelessness problem we have today.
I think he would be thundering about the minority achievement gap, calling it just as much segregationist as Selma in the ‘60s, can’t you just hear him?

Where are those voices today in White Plains? Why aren’t there more?

There are hundreds of organizations dealing with the victims of the problems and helping, to be sure, but no one is out there attacking the root causes that create the problems.

I think this is the legacy of Dr. Martin Luther King, Jr.: Many leaders today are able to live with the status quo because things are better, and it is comfortable for them to do so and pat themselves on the back every year on Martin Luther King, Jr. Day.

Dr. King was unable to live personally with the status quo. He did something about it and was committed to change. No one could talk him out of it.

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WPCNR COURTS AND TORTS TRANSCRIPT. From Larry Delgado. January 16, 2003: Larry Delgado has received a communication from Judge Francis Nicolai to appear in New York Supreme Court, the Ninth Judicial District for a Preliminary Conference in one week at the Westchester County Court Building.

According to Mr. Delgado’s communication to WPCNR: “John, We have received a letter from the Court advising us of a Preliminary Conference with Judge Nicolai on January 23, 2003, at 10:00 am, in Courtroom 800.”

The matters that might be covered in the Preliminary Conference could be the contestants’ suggestions for a remedy to the quo warranto procedure. Judge Nicolai apparently, has been selected to handle the court action, called for by Attorney General Eliot Spitzer in Spitzer’s call to bring a quo warranto action in the jammed District 18 election case.