THE WORLD READS WHITE PLAINS CITIZENETREPORTER — 8,324,077 VISITS IN ONE YEAR | 2,905,611 VISITORS VISIT 8,324,077 TIMES 3 TIMES EVERY DAY IN ONE YEAR. HIGHEST ACTIVITY IN WPCNR HISTORY.White PlainsCitizeNetReporter lifted its worldwide visits from unique visitors to wpcnr.com to 8,324,077,a 1,306,419 increase in visits in one year from 7,017,658 visits to the site last year which covers White Plains and Westchester County. The 8,324,077 visits were made by 2,005,611 unique visitors who visited wpcnr an average of 3 visits a day. ON JULY 20- -2026 visitors have accessed wpcnr and made 3,072 visits an average of 1.6 visits. In the last week 33,495 individual vistors made 54,458 visits, averaging 1.6 visits. In the last month, 152,940 visitors recorded 229,338 visits (1.5 visits)

Binder Background on the Delgado Successful Quo Warranto Action

Posted on June 8, 2004 by John Bailey

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

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

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

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

Posted on June 7, 2004 by John Bailey

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted on June 7, 2004 by John Bailey

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted on June 7, 2004 by John Bailey

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

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