WPCNR WHITE PLAINS LAW JOURNAL. July 12, 2004: WPCNR has learned that Glen Hockley has opened a second front in his fight to keep his council seat. He has filed a separate appeal of quo warranto skirmish to the state's highest court, the Court of Appeals protesting the Appellate Division denial of the Hockley contention that the case be given to the Clerk of the Supreme Court for random assignment, instead of Judge Francis Nicolai, whom the Attorney General's office suggested. Hockley's attorney at the time, referred to the Attorney General Office request that the case be returned to Hockley as "judge shopping."

The Appellate Division ruled 4-0 against them when they sued Nicolai and the Attorney General to have a judge randomly assigned, that it was a separate and new case, and a random judge be assigned.