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BULLETIN: Temporary Stay Denied. Dst. 18 Election On for Dec. 18
Posted on Tuesday, December 11 @ 19:18:21 EST by jfbailey
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SPECIAL TO THE CITIZENETREPORTER: Judge Sondra Miller of the Appellate Court, Second Department denied a Temporary Restraining Order Motion filed by Adam Bradley on behalf of candidate Glen Hockley Tuesday.shortly after 5 PM in the Judge's chambers at 140 Grand Street, White Plains, Her decision carries White Plains District 18 one step closer to an historic "continuation of the election."
The "Continuation of the Election" has been set for Tuesday, December 18 in District 18 only, open to the 366 voters who voted in that district, November 6. It is at George Washington School in the Music Room. Voters should be receiving notices this week.
The decision was handed down shortly after 5 PM in the Judge's chambers at 140 Grand Street, White Plains, taking White Plains District 18 one step closer to an historic "continuation of the election."
"Continuation of the Election" ON for Tuesday, December 18 in District 18
The "Continuation of Election" has been officially called for by the Westchester County Board of Elections to take place Tuesday, December 18 in District 18 only, at George Washington School in the Music Room, from 6:30 AM to 9:00 PM, according to Deputy Commissioner of the Board of Elections, Steven Levy.
Reginald LaFayette, Co-Commissioner of the Board of Elections said notices were sent out Monday to the 366 voters who voted in that district, November 6, as instructed in Judge Nicolai's "Remedy" last week. He said a voting machine would be inspected and prepared this coming Friday.
Ciampoli, Delgado attorney, tells what's ahead
John Ciampoli, attorney for Larry Delgado, reports to WPCNR that Mr. Bradley's motion for a temporary restraining order was denied today.
Next in the legal tarantella will be a hearing on Mr. Bradley's motion for a Full Stay of Judge Nicolai's decision that will be heard tomorrow before a full panel of 4 Appellate Judges of the Second Deparment in Brooklyn, USA. Ciampoli said it would be a paper argument with the judges just examining the papers filed.
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THE VOTERS' VOICE: John Ciampoli, attorney for Larry Delgado, election law specialist, choregrapher of Mr. Delgado's bid for a District 18 revote and make White Plains history. WPCNR PHOTO.
Ciampoli reports it is rare for a full motion for a stay is granted after a temporary restraining order is denied. He also reports that Judge Miller, who denied the Temporary Restraining Order asked for by Mr. Bradley Tuesday is on the panel of four Appellate Judges.
Mr. Bradley's Notice of Appeal Could be Heard Friday
Ciampoli said that he and Mr. Binder will be meeting with the Court Clerk Attorneys of the Appellate Division to clear the way for briefs to be filed by 3 PM Thursday, with arguments to be heard Friday morning in Brooklyn.
Cross Appeal will be filed tomorrow to declare Delgado the winner.
Ciampoli told WPCNR that he would be filing a cross appeal asking the Appellate Court to declared Larry Delgado the winner.
"Mr. Bradley and Mr. Hockley are afraid of the voters. They think they cannot win (the continuation of the election)," Ciampoli said.
Stay of an upheld appeal would be filed in that event
Ciampoli has also lined up his Delgado strategy in the event the Appellate Division rules in favor of Mr. Bradley and Mr. Hockley that the court overstepped its jurisdiction.
"I can definitely get a Temporary Restraining Order Motion filed by Tuesday, to insure the election is held," Ciampoli said.
Bradley seeks to rule out absentee ballots?
Ciampoli reports Mr. Bradley is trying to deny absentee ballots to any of the 366 District 18 voters who are going to be away for the holidays over December 18. Ciampoli said he would go to Judge Nicolai for a clarification on the absentee ballots if Bradley continues on this issue. WPCNR has been unable to confirm that with Mr. Bradley.
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