WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. June 16, 2004: Councilman Glen Hockley reported to WPCNR tonight at the Highlands-Soundview joint civic association meeting, that the Appellate Court, 2nd Circuit in Brooklyn had granted him a Temporary Restraining Order while his lawyer and the Attorney General's Office prepare paper arguments as to whether a stay should be granted. The Temporary Restraining Order bars former councilman Larry Delgado from being seated on the Common Council for three weeks or so, enabling Mr. Hockley to remain on the Common Council at least through the July meeting.
The arguments over a stay revolve around the critical question of whether Mr. Delgado should be placed on the Council by the Court immediately and Mr. Hockley be removed while Mr. Hockley's appeal of Judge Francis Nicolai's summary judgment that Delgado was the clear winner in their November 6, 2001, is considered by the Appellate Court. Hockley told WPCNR, "I expect to be around awhile."
Mr. Hockley has now managed through seven different legal maneuvers in three years by WPCNR count (2 appeals, 3 legal objections to the quo warranto procedure , a second appeal to the Appellate Court, and now the request for a stay), and a less than efficient judiciary to remain on the Common Council for 27 months of the 48-month term that he and Mr. Delgado contended for in November, 2001.
Jeffrey Binder, Mr. Delgado's attorney noted today in an e-mail to WPCNR:
The 2d Dep't this afternoon issued a TRO staying further proceedings on the order granting summary judgment in the Delgado quo warranto. We had thought that the application was premature, since the AG's proposed order and judgment was noticed for settlement on Friday. But the grant of summary judgment was in the form of a decision and order, and the court (Hon. Sandra L. Townes) decided not to wait for the order and judgment.
The TRO came in the context of a motion for a stay pending appeal, and the AG's/our papers in opposition to the motion are due on Thursday, June 24.
