Delgado: Nicolai Decision Allows Voters Voices to Be Heard.

Larry Delgado hailed what he called an “historic” decision Thursday evening. Mr. Delgado, suddenly a candidate again, is scheduled to kick off his mini-campaign Friday afternoon at a news conference at Republican headquarters at 2:30 PM. Disenfranchised voters will speak.


THE DELGADO TEAM, shown after early proceedings. John Ciampoli is on the left, and Jeffrey Binder, on the right. The Delgado Duo successfully won a new election in District 18 Thursday evening. An appeal from Mr. Delgado’s opponent Glen Hockley may be next. The Judge has called for an election to take place in District 18 only on either December 17,18,19 or 20 for the 366 voters who voted on November 6. WPCNR PHOTO


“The Nicolai decision gives the vote back to those whose votes were not counted,” Larry Delgado told WPNCR Thursday night, “Now their voices will be heard.”

Mr. Delgado contacted WPCNR late Thursday evening from his White Plains office, and said he was “very, very pleased with the decision, and I look forward to the continuation of the election and continuing on to victory.”

The ebullient incumbent analyzed the decision: “One’s vote is the central issue here,” the Councilman said, “if a massive malfunction prevents it from being counted, that vote is too important not to be counted. The decision is a very well-reasoned decision (by Judge Francis Nicolai) that holds together, is so well-established, so clean-cut. The Judge leaves no doubt. It’s historic. A decision that will affect the nation.”

Delgado decision architect checks in.

John Ciampoli, Mr. Delgado’s major domo, spoke to WPCNR from his Albany office, pointing out that only two general elections have ever been rerun in the state, and this is the third. He said it was historic, but cautioned that an appeal could be forthcoming. However, he pointed out that for Mr. Hockley and his attorney, Adam Bradley to appeal on the basis that the voters should not have an opportunity to be counted, while asking for their vote at the same time appeared to be an awkward position.

366 Who Voted will be given opportunity to recast their ballots

Judge Nicolai’s ruling calls for the Westchester County Board of Elections to select either December 17,18,19 or 20 as the day for the continuation of the election.

He has ruled that all six council candidates have to be on the ballot, but Rita Malmud and Thomas Roach have already been certified as winners in the election by the judge.

The other parameter is the canvas: Judge Nicolai has ruled that only the 366 voters having voted at Machine 150 in District 18 on Election will be allowed to vote in the continuation of the election.

The District 18 result added to the candidates’ results in the 45 other White Plains election districts will determine the winner of the third council seat.

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FLASH! Judge Nicolai Orders Revote in District 18 between Dec. 17-20

Updated, Dec. 6, 11:35 PM:Judge Francis Nicolai, Administrative Judge of the New York Supreme Court, Ninth District issued his decision on the Larry Delgado-Glen Hockley disputed election results at approximately 6 PM Thursday evening.
WPCNR has learned from a party close to one of the candidates contesting the results in White Plains Election District 18 that Judge Francis A. Nicolai has ordered a revote in District 18 either December 17,18,19 or December 20, according to Mr. Delgado’s attorney, John Ciampoli, speaking to WPCNR from Albany this evening.

The date of the actual continuation of the election is to be decided by the Westchester County Board of Elections.
The decision was issued by fax early Thursday evening to the affected parties in the suit.

According to our source, the Judge has called for a reelection in District 18 canvassing only those voters who voted in District 18 on November 6. This comes to a total of 366 voters.

The Judge has also mandated that all six candidates: Larry Delgado, Robert Tuck, Michael Amodio, Rita Malmud, Thomas Roach, and Glen Hockley be on the ballot.

However, Judge Nicolai has already ruled that Rita Malmud and Thomas Roach are certified as winners of council seats, meaning that votes for Ms. Malmud and Mr. Roach in the reelection will not affect their “certified” reelection.

WPCNR will attempt to bring you more details as they become available, and the Judge’s written reasoning behind the decision as soon as possible.

Judge Nicolai, according to our source, mandates that the winner of the third council seat will be determined by adding the results of the December revote to the candidates’ totals in the other 45 White Plains election districts. However, Mr. advises that if Mr. Delgado should prevail, he must prevail by 8 votes, if less, then Mr. Hockley’s 7 contested votes will be added to Mr. Hockley’s total.
Our source calls the ruling, “A very good decision.”

Now Glen Hockley and his attorney, Adam Bradley have to decide whether to appeal Judge Nicolai’s ruling to the Appellate Court, Second Department, in Brooklyn.

Pending that possible appeal, the third court of last resort for Mr. Hockly and Mr. Bradley is the New York State Court of Appeals, which is where the case would terminate, according to Edward Dunphy, City of White Plains Corporation Counsel, in a statement made to WPCNR last week.

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A CHRYSALIS UNLOCKED

The Music Conservatory of Westchester was host to a successful effort on the afternoon of December 2, 2001, in which musicians from throughout Westchester County and beyond, came together to offer their music and talent for the benefit of the American Red Cross of Westchester County.

The jazz jam session was predicated on the Conservatory’s desire to return the community embrace of the Conservatory’s new home at 216 Central Avenue, in White Plains, with an outpouring that would also reflect the desire of musicians and the Conservatory to call for a musical interaction that would respond with passion and sensitivity greater than the horror of September 11.

Jazz is a touching musical interpretation for me. Jazz is often spoken of as the only American musical form. It is the only honest depiction of the American “melting pot” concept often alluded to, yet not lived up to in practice. The base ingredient of jazz is the ease with which the music tells the listener exactly what is to be played, that is, jazz. Analogous to the advertisement: “Coke is It” or “Pepsi’s the One.” Americans want it when they want it; we want it now – we are an impatient lot. We worship instant gratification. To that end, jazz exposes its musical genre immediately. Strike one point for jazz.

Jazz is a musical art that has form and structure, that is, a musical score. Classical music in all its fluidity once written is forever impervious to change. We Americans, though respectful of the musical genius of Chopin, Bach, Rachmaninoff, Sibelius and Mozart, among others, possess a demeanor more closely aligned with the individuality permitted in jazz. Score another point for jazz.

Jazz exalts extemporaneous concepts of musical sound. It is an art form of sound that finds strength from the emotional center of each musician through his or her personal effort and musicianship. It is not musical form that follows a protocol of consensus. It is individual, yet not alone. Jazz permits the development of the group effort and the inherent strengths of the give and take, the ying and yang modality of sound. Score point three for jazz.

The musical effort is not a consensus but rather an individual expression within the context of a group effort in which each contribution of musical self enhances the group effort in its expression to the listener. Do I hear score number four for jazz? Surely, a resounding “Yes!”

Jazz has drawn cultural musical themes from Africa, Europe, The Middle East, and The Orient and mixed the ingredients of each into a “stew” to create the sound and expression of “jazz” to the delight and satisfaction of the American mentality and auditory sensibility. This “stew” ingratiates new cultures and influences into its jazz form. Witness the emergence of the Asian artist flocking to the jazz fold. The ever increasing people of all colors, religions and ethnicity to the world of jazz. Score point five for jazz.

I could go on and on. Yet, let me not forget that unlocking the jazz musical chrysalis yesterday afternoon / evening were Bob Arthurs, Glenda Davenport, Gerry Fitzgerald, Aaron Flagg, Masai Hayashi, Jimmy Hill, Charlie Lagond, Steve Lamattina, Michelle LeBlanc, Jan Leder, Kenny Lee, Carmen Leggio, Mark Morganelli, Johnny Morris, Takeshi Ogura, Diana O’Keefe, Joe Ragusa, Steve Roane, Sean Smith, and Kenny Wessel.

For more information, please contact Robert Arthurs, Dean of Students and Faculty and Lisa Deutsch, Executive Director of the Conservatory at (914) 761-3900. E-mail Robert Arthurs at Robert Arthurs, Dean of Students and Faculty ; e-mail Lisa Deutsch at Lisa Deutsch, Executive Director of Conservatory and please visit the Music Conservatory of Westchester web site and visit their new home at 216 Central Avenue, White Plains, NY 10606.

For those who missed the event yet would like to donate to the efforts of the American Red Cross in Westchester, please contact Katherine Cintron, Director of Philanthropy at (914) 946-6500 ext 502 or via e-mail to Katherine Cintron, Director of Philanthropy of American Red Cross in Westchester

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Briefs IN! Judge Nicolai Reviews the Arguments. Board Awaits. Tallies In.

Updated, Dec. 5:The Principal Law Clerk for Judge Francis Nicolai, Administrative Judge of the New York State Supreme Court, confirmed to WPCNR as of 3 PM Tuesday, that the Judge had received briefs from the attorneys for Larry Delgado and Glen Hockley in Mr. Delgado’s election action. He is in the process of reviewing them. Meanwhile, the Board of Elections awaited instructions, and up-to-the-minute still unofficial results are now available from the Board of Elections.

Correction, Updated December 5. An alert WPCNR reader has drawn our attention to computation error, which shows a surprising turnaround for Mr. Delgado, if District 18 results between he and Mr. Hockley were not counted.

Diane Lundin reported to WPCNR from the County Court House Tuesday afternoon that Adam Bradley, attorney for Glen S. Hockley, and Jeffrey Binder, attorney for Councilman Larry Delgado had submitted final briefs by 5 PM Monday as directed. Ms. Lundin said the Judge was in the process of reviewing them and she “had no knowledge as to what his (the Judge’s) plans were.”

New Election?Board of Elections needs 2 to 3 weeks to get ready.

Meanwhile, back at the Board of Elections, Carolee Sunderland, Co-Commissioner of the Board of Elections advised WPCNR that should Judge Nicolai call for a new election, it would take the Board approximately 3 weeks to set up voting machines. She said the Commissioners, in cooperation with the White Plains City Clerk might consolidate voting districts, and, as part of the any ordered process, prepare the new election roles required.

She speculated that this might extend the period between the ordering of any remedy and a new election. Another factor she said was whether or not the judge would set aside extra time for the candidates to campaign again prior to any new election date.

In Tarrytown, interval was 45 days.

Larry Delgado, interviewed on the subject after Monday evening Common Council meeting, pointed out that in the Tarrytown case where a new election was called for, the judge reviewing that case set aside a time period of 45 days. Going on that precedent, this would put a new election sometime into early February. But, that is speculation only, based on Westchester’s most recent re-canvas scenario.

Sunderland said most White Plains election districts run over 400 voters and there would most likely be little room for consolidating election districts (that is directing voters to new, more centralized polling places they are not familiar with). Sunderland advised that the Board of Elections is given authority to consolidate districts of 2,000 voters and above, while city clerk offices county wide are given the jurisdiction to consolidate districts of not less than 100 up to 400 voters. General, Special and Primary election law spells out the consolidation guidelines as to who makes the consolidation decisions.

Four Inspectors Have to Be Put in Place for every Polling Place.

The Commissioner advised that for every polling place opened, four Election Inspectors would have to be hired by law, another consideration, especially if Judge Nicolai should order a citywide recanvas.

Question of who will be allowed to vote is the Judge’s call.

Sunderland indicated that another consideration is it what voters Judge Nicolai determines have the right to vote in any reelection should he call for a new runoff.

Sunderland added he might decide only voters who voted November 6 were eligible to vote. Another scenario is any new election might only be held in District 18, instead of citywide. Sunderland said the complexity and the time needed to set up a Delgado-Hockley runoff depended solely on what Judge Nicolai orders as “the remedy.”

Other possibilities are the Judge might let the original vote stand, or declare Mr. Delgado the outright winner based on facts presented.

Latest Unofficial Board of Elections Results as of November 30

WPCNR received the unofficial Board of Election results Friday afternoon from Steve Levy, Deputy Commissioner of Elections. According to the printouts, the totals as of Friday afternoon, November 30 are as follows:

Glen Hockley
46 Election Districts Reporting, All Absentee Ballots counted:

Democratic
5,517
Independence
310
Working Families Party
313
Total Votes
6,140

Larry Delgado
Republican
5,591
Conservative
502
Total Votes
6,093

The difference: Glen Hockley leads by 47 votes.

What the suit is about: Mr. Delgado contends that due to the voting machine counter wheel (found to be jammed last week), in District 18, at least 100 votes (enough to give him the election), were not counted in his favor, based on his run in 1997 in District 18.

Mr. Delgado received 57 (Republican 47, Conservative, 10) votes in District 18, compared to his Republican running mates Robert Tuck and Mike Amodio who respectively gathered 157 and 126 votes on the Republican line, and 13 and 9, respectively on the Conservative line.

Corrected portion of article begins:

A New Election or A Declaration of Outright Win is Delgado’s Hope.Delgado is Second to Malmud, if District 18 is eliminated.

Examining the results it is clear that throwing out the results of District 18 as being flawed would make Mr. Delgado the winner.

The present standing of Mr. Hockley over Mr. Delgado would change if District 18 results were thrown out. If you deduct the 155 votes he received in District 18, Mr. Hockley would possess 5,985 votes compared to Mr. Delgado’s 6,038 (going into District 18), after deducting Delgado’s 55 votes he got in District 18, Delgado would lead Hockley 6,038 to 5,985, and be clearly the winner.

Under this scenario of eliminating District 18, Thomas Roach fall to third behind Mr. Delgado by a mere 10 votes with 6,028 votes (determined by deducting Roach’s 230 District 18 votes from his present total of 6,258).

Please note, an alert reader noted that WPCNR had plugged in the wrong figure for Mr. Delgado in the first edition of this article in computing the District 18 “throw-out” scenario. Recomputation produced the result demonstrating Mr. Delgado is the winner and second to Rita Malmud if District 18 results are thrown out.

This result based on the unofficial totals, made available to WPCNR last Friday, indicates why Alan D. Scheinkman, Ms. Malmud and Mr. Roach’s attorney, was so intent on having the Malmud and Roach results certified last week.

Judge Francis Nicolai is now mulling the two candidates’ entwined fate.

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