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Judge Nicolai: Absentees OK in Dist. 18--THEN APPELLATE COURT STAYS ELECTION
Posted on Friday, December 14 @ 01:18:55 EST by jfbailey
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UPDATED DEC. 17: URGENT! DISTRICT 18 VOTER NOTICE-- NO ELECTION TUESDAY:Judge Francis Nicolai, Administrative Judge of the New York State Supreme Court, 9th District, ruled Thursday to allow absentee balloting among the 366 voters eligible to vote in the upcoming Tuesday "Continuation" of the election in District 18, reports Jeffrey Binder, Larry Delgado attorney. However, the election itself was stayed Friday by the Appellate Court. No Election Tuesday.
Meanwhile in Brooklyn Fridy, the Appellate court heard Glen Hockley's Appeal to overturn Nicolai's "continuation of the election" decision, and granted a permanent stay, stopping the election, pending review of the appeal
Delgado Walking the District, Reports Voters Notified
 THE DISTRICT 18 "366" WERE READY: Larry Delgado, the Common Councilman who will be forever immortalized by Judge Nicolai's "Continuation of the Election" decision in White Plains, (shown here announcing the historic decision last week at Republican Headquarters), told WPCNR Thursday evening he has been walking District 18 and voters have received their Board of Elections notices. They were all set to vote until the "stay" came down from the Appellate Court Friday. WPCNR PHOTO.
Asked their mood, Councilman Delgado said voters he has met in the neighborhood, are "anxious to recast their vote. I've never seen this before in any election."
Voters do not feel upset at the Hockley challenge
Delgado, asked if voters resented the Hockley/Bradley challenge to the extended election, said:
"They're more surprised why there would be a challenge to having a fair election where voters decide which candidate they prefer. They expect that elections will be fair."
Asked if he expected bullet voting, Delgado said the persons he talked with were eager to recast their vote the way they originally cast it November 6, five weeks ago, in his opinion.
Meanwhile, Back in Brooklyn, U.S.A.:
The briefs are in.
Mr. Delgado reported both sides filed their briefs Thursday afternoon as directed.
Today, In Appellate Court, Second Department on Pierpont Street in Brooklyn, the Hockley/Bradley appeal of Judge Nicolai challenge may be heard by a panel of four judges.
White Plains' Jeffrey Binder, one of Mr. Delgado's election specialist lawyers, told WPCNR Thursday evening that the motion for a permanent stay of the election pending appeal heard Thursday in Appellate Court was postponed until today.
Binder said the Appellate Judges could grant the stay, (postponing the election while they ruled), deny it, or simply ignore it, choosing to rule on the appeal either Friday morning, afternoon or perhaps Monday, or even ruling after the election. "You just don't know what they are going to do," Binder advised.
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