WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. July 20, 2004, updated 8:30 P.M. E.D.T.: Larry Delgado councilman in White Plains from 1998 through 2001, returned to the White Plains Common Council today when he was sworn in by Mayor Joseph Delfino at 4:45 P.M. in the Mayor's office with Janice Minieri witnessing the historic event.

Delgado on Election Night, November 5, 2001, the day the voting machine in District 18 jammed costing him over 100 votes. Today he was returned to the Common Council, after 33 months of legal maneuvers ended temporarily with Mayor Delfino swearing him in to the Common Council. Photo from WPCNR NEWS ARCHIVE

The historic swearing-in, bringing to a perhaps temporary end the New York State Attorney General Quo Warranto action on Mr. Delgado's behalf, proceeded, according to Paul Wood, the "Phantom Executive Officer" to Mayor Delfino, after the Appellate Court in Brooklyn, for the second time in three weeks refused to grant Glen Hockley a stay  in Judge Francis Nicolai's order to seat Mr. Delgado while Hockley's two appeals to the Appellate Court are adjudicated.

LARRY DELGADO LUNCHING AT CITY LIMITS, January, 2003, when his quo warranto action was completed by the Attorney General's office and was first filed in Supreme Court. Photo from WPCNR News Archive

Jeffrey Binder, Mr. Delgado's attorney told WPCNR the Appellate Court denied Mr. Hockley's latest Temporary Restraining Order obtained from an Appellate Court judge two weeks ago. The latest rejection of the stay paved the way for Mr. Delgado's swearing in Tuesday afternoon.

HISTORIC JAM: Larry Delgado's voting line, second from upper left, jamming at 39 votes, in District 18, as discovered November 27, 2001, during a recanvas. Photo from WPCNR News Archive.

Jeffrey Binder, Delgado's Attorney, November 27, 2001, discussing matters with the media after the voting machine was officially found to be jammed. As a result of a legal action launched on Mr. Delgado's behalf by Binder and John Ciampoli, Judge Francis Nicolai called for a new election in December 2001. This was fought up to the Court of Appeals by Adam Bradley, Glen Hockley's attorney where Hockley's side was upheld by the Court of Appeals which threw out the election decision, rulling quo warranto through the Attorney General's office was the only legal way for Mr. Delgado to challenge the result. It has taken from March 14, 2001 to July 20, 2004 for that quo warranto action to return Delgado to the Common Council. Delgado has 17 months to serve on the 48-month term, if Hockley's appeals are denied. Photo from WPCNR News Archive.

Mr. Hockley's appeal to the Appellate Court argues that Judge Francis Nicolai should have recused himself from ruling on the case, and the summary judgment be adjudicated by a judge appointed by way of the  state's judge assignment procedure, Hockle's reasoning being that the quo warranto is a "new case."

His other appeal argues that Mr. Hockley is entitled to a jury trial in which all 103 Republican voters in District 18 who swore by affidavitt that they voted for Mr. Delgado be deposed, or cross-examined by Mr. Hockley's lawyer and that a jury should decide their veracity. 

Mr. Wood said that the new Councilman, Larry Delgado is expected to participate in the Work Session at City Hall on Thursday at 6 P.M., pending of course, any more Glen Hockley legal maneuvers.

The entire Delgado fight to have the voters of White Plains heard took 35 months, working its way up to the Court of Appeals, then through the attorney general's office, and now finally ending in the Mayor's office.

Mr. Hockley was not present at the swearing in.

Attorney General Elliot Spitzer's Quo Warranto action found through thorough investigation, by obtaining affidavitts from 103 Republic registered voters who voted in District 18, declared that Mr. Hockley was a usurper, holding the councilman office illegally, and filed a court order asking for Mr. Delgado be placed on the Common Council, and Mr. Hockley removed as a usurper. That action was completed today in the Mayor's office at city hall.

For a complete chronology of the Hockley-Delgado, go the WPCNR article, entitled "Along the Quo Warranto Trial".