White Plains CitizeNetReporter - <i>FLASH!</i> 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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