WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. June 24, 2004: Larry Delgado within weeks, he hopes, of reclaiming the Common Council seat now occupied by Glen Hockley, is soliciting contributions to defray his cost of mounting the legal effort to reclaim that seat. Papers for Mr. Hockley's appeal of Judge Francis Nicolai's summary judgment decision last month that Hockley be removed from the Common Council are due today in the Appellate Court, Second Department in Brooklyn.
Delgado has circulated a letter to select citizens that notes the costs of the quo warranto action, and asks for contributions to the Larry Delgado Quo Warranto Defense Fund.
Meanwhile in another part of the state, the Appellate Court, Second Department, in Brooklyn, that court contemplates Glen Hockley's latest effort to prolong his stay on the Council, an appeal demanding a jury trial and a new judge in which Thomas Abinanti, Hockley attorney, seeks to put each of the 103 voters filing affidavitts swearing that they voted for Mr. Delgado the night of November 5 2001 on the witness stand. Mr. Hockley, or rather Mr. Delgado's term has 18 months remaining. Hockley has occupied the seat as a "usurper" according to a ruling by Judge Francis Nicolai.
Jeffrey Binder, Mr. Delgado's attorney, expressed a resignation that the Appellate Court may take another 3 months to decide that appeal, saying the dispatch in which the Appellate Court would handle the case depended on whether they would continue to fastrack the case as an election case. Binder expressed concern that if the Hockley appeal was put in the regular Appellate Court calendar that Hockley could remain on the Council for the duration of his (Delgado's) term.
Binder said Mr. Delgado had made an offer to Mr. Hockley not to sue him for return of the pay he has received as a councilman (approximately $81,000 for 29 months service), that the Attorney General has declared should have been going to Mr. Delgado.