WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey September 16, 2003: Jeffrey Binder, attorney for "White Plains' Forgotten Councilman," Larry Delgado, reports that the Appellate Court will hear oral arguments on the Larry Delgado-Glen Hockley quo warranto action Thursday morning in Brooklyn.  The case has been awaiting its turn to be heard on the Appellate calendar since April.

The court will hear the attorney general's office arguments that there is no statute of limitations (other than the six year statute of limitations that exists on the books), to when the state can initiate a quo warranto action.  Glen Hockley's attorney, Thomas Abinanti, filed a motion to dismiss the quo warranto in the beginning of 2003. Final papers were filed at the close of April, 2003.

The quo warranto action which seeks to remove Glen Hockley from the Common Council as remedy for the jammed voting machine which the attorney general contends cost Mr. Delgado 103 votes during his contest with Mr. Hockley for the last seat on the Common Council in November, 2001. Mr. Hockley has been in office since March, 2002, when the Court of Appeals dismissed the Special Election remedy and he has served half of the three-year term.

Binder theorized that the motion to dismiss was not expedited on the Appellate calendar, because there was no vacancy existing on the Common Council that was filled with Mr. Hockley's appointment after the Court of Appeals voided the Judge Francis Nicolai ruling, amended by the Appellate Court  that Delgado and Hockley face each other in a special election in March, 2002.

The Attorney General's office then took seven months to investigate, gather evidence and prepare the quo warranto action, filing it in November, 2002, a year after the original Hockley-Delgado election.

Binder said the attorney general's counsel and Mr. Hockley's attorney would each have 15 minutes to argue their positions, and the Appellate Court would have a decision on the motion to dismiss within a few days. After which, Binder expected an appeal to the Court of Appeals, by whichever side lost the motion.