WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey.  March 19, 2004: While hanging out at City Limits Friday noon, WPCNR ran into White Plains "Phantom Councilman," Larry Delgado, who updated us on where his quo warranto action undertaken on his behalf by the Attorney General's office is at this date.

WPCNR has also learned from Mr. Delgado that Elliot Spitzer, New York State Attorney General, has introduced legislation in the legislature, both houses, reform New York Election Law, to allow judges to make disputed election remedies in general elections, that would prevent any candidate from being victimized by a disputed vote count in the future.

When last WPCNR reported on the historic Delgado-Hockley case, Thomas Abinanti, Glen Hockley's lawyer had appealed Judge Francis Nicolai's refusal to appoint another judge to consider the quo warranto action. Mr. Delgado reported today that Abinanti and Hockley were not granted a stay by the Appellate Court in Brooklyn which they had asked for to prevent Judge Nicolai from making a ruling on the Attorney General's motion for a Summary Judgment in the dispute, while the Appellate Court considered the Abinanti motion calling for a new judge.

Delgado added that Judge Nicolai is now at liberty to make a ruling that could either put Mr. Delgado back on the White Plains Common Council any day now, or call for a new election, or whatever remedy Judge Nicolai deems appropriate. The Attorney General had called for removing Mr. Hockley from the White Plains Common Council forthwith based on 103 sworn affidavitts from persons in District 18 who sworn they voted for Mr. Delgado. The 103 votes effectively wipe out Mr. Hockley's slim margin of victory, giving Mr. Delgado the election.

Delgado said should Judge Nicolai rule in immediate restoration of Delgado to the Common Council that would most likely be appealed, too. "Their strategy here is maximum delay possible," Delgado uttered grimly.

Mr. Delgado also revealed that the Attorney General has introduced legislation in the legislature which would give New York State judges the jurisdiction to rule on disputed general elections. Currently judges can rule on primary elections. This hazy jurisdiction was the crux of the New York State Court of Appeals decision for throwing out Judge Francis Nicolai't original ruling on the case, calling for a new election in District 18, and the Appellate Court amending of Nicolai's decision expanding the special election to a citywide contest.