White Plains CitizeNetReporter - <i>FLASH!</i> Appellate Court Issues Ruling on Hockley-Delgado.

Special to WPCNR: The Appellate Court in Brooklyn issued its ruling in the Glen Hockley appeal of Judge Francis Nicolai's decision on Hockley/Delgado inconclusive election early Tuesday evening.

John Ciampoli, one of former councilman Larry Delgado's attorneys, reports to WPCNR this evening that the court has upheld Mr. Delgado's challenge.

The attorney reports the judges have ruled a new election be held between Mr. Delgado and Glen Hockley, with the stipulation that the election be held citywide in every election district,(not just District 18), between the two contenders.

DELGADO ATTORNEY, JOHN CIAMPOLI THE DAY AFTER DELGADO'S FIRST LEGAL VICTORY, NOW HE HAS ANOTHER: The Appellate Court in Brooklyn ruled in favor of a new election between Mr. Delgado and Mr. Hockley Tuesday, calling for a citywide election between the two. Details will be issued as they become available.PHOTO BY WPCNR.

Ciampoli, speaking to WPCNR by telephone at 7:15 PM Tuesday evening, called it a "big win for the voters, and a big win for Larry Delgado." The "Voter's Voice," said that the court "tinkered" with Judge Francis Nicolai's decision by extending it beyond District 18 to a citywide canvas.

Ciampoli also reports the 4-judge panel ruled that the Board of Elections can set the date of the new election.

It is not known at this time whether Mr. Hockley will appeal Tuesday's Appellate Court decision to the New York State Court of Appeals in Albany -- the next step.

Delgado: "The Court believes in Justice!"

Larry Delgado, in an exclusive interview with WPCNR Tuesday evening said, "I'm very gratified the courts believe in justice, and not in striking down a result on a technicality. I didn't know when it would come, but I'm very pleased with the result. Now, it goes back to Judge Nicolai (Francis -- writer of the original decision), for the grounds rules to be set."

Delgado sees a 45-day window. Election possible for early March.

Asked to speculate on what comes next, former Councilman Delgado, just off the phone with his attorney Jeffrey Binder said, he felt that it would take the Board of Elections approximately 45 days to ready voting machines in all 46 White Plains Election Districts, but the actual date of the election will be set by Judge Nicolai. Delgado speculated the election might be held in early March based on that 45-day timetable.

Delgado added the Appellate Court did not want to be involved in the "day-to-day" procedural of setting the election and that the case would be sent back to Judge Nicolai who would call in both parties and the Board of Elections to "lay out the ground rules" procedure from here.

Delgado said he was holding a news conference at 12:30 PM Wednesday afternoon to discuss the decision and launch his campaign, "I'm going to get my sleigh and go door-to-door and ring bells."

Delgado said the Appellate Court decision meant that "every vote counts, and that's a real win." Possibility of Appeal?

Mr. Delgado when asked if he expected Glen Hockley to appeal the Appellate Court decision, said yes, but pointed out that he did not think, given the trend of New York State to uphold the right to vote, that the Court of Appeals in Albany would take up the case.


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