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FLASH!: Appellate Court Stops District 18 Vote.
Posted on Friday, December 14 @ 16:09:17 EST by jfbailey
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Flash!:The Appellate Division of the Supreme Court in Brooklyn has granted Adam Bradley's Motion for a Stay Pending Appeal on behalf of Glen Hockley, calling off the Continuation of the Election planned for Tuesday in District 18. The Board of Elections will send a notice to all 366 voters notifying them of the calling off of the election.
Chief Court Attorney for the Appellate Division, April Agostino, told WPCNR that the Bradley Motion to stay enforcement of Judge Francis Nicolai's ordered "Continuation of Election" on December 18 has been granted.
Common Council cannot seat either candidate in meantime
The order though granting a stay, significantly "stays" the Board of Elections from certifying the Delgado-Hockley results, and more importantly, "stays...those candidates from taking any steps towards the filing of an oath of office," effectively, legal sources close to the case report, prohibiting either candidate from being appointed to the Common Council in January, pending a resolution.
Sources close to the case, seem to think that Appellate Judges Gabriel M. Krausman, William D. Friedman, Sandra J. Feuerstein, and Robert W. Schmidt, may be leaning towards another "remedy," such as a new citywide election.
The Complete Decision & Order on Motion:
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated December 6, 2001, pending hearing and determination of an appeal therefrom.
Upon the papers submitted in support of the motion and the papers submitted in opposition there to it is
ORDERED that the motion is granted and enforcement of the order dated December 6, 2001, is stayed pending hearing and determination of theappeal; and it is further,
ORDERED that pending hearing and determination of the appeal, the Westchester County Board of Elections is stayed from certifying the results of the election insofar as it relates to Larry Delgado and Glen Hockley for the third contested seat of the White Plains Common Council and those candidates are stayed from taking any steps towards the filing of an oath of office.
KRAUSMAN, J.P., FRIEDMANN, FERUERSTEIN and SCHMIDT, JJ., concur.
WPCNR was impressed by the handling of media inquiries by the Appellate Division who responded courteously and swiftly to WPCNR followups on this case.
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