White Plains CitizeNetReporter - Hockley Appeals Election Case to Court of Appeals

Morning Edition Filed 2-2-02, 10:00 EST: Glen Hockley has filed a Motion for Leave to the New York State Court of Appeals, with a Show Cause Order to have the state's highest court review the Appellate Court decision ordering a new election citywide in White Plains.

According to Jeffrey Binder, attorney for Larry Delgado, the Hockley appeal was filed late Thursday afternoon, and Delgado's attorneys are preparing their "answering papers," expecting to have them in on Tuesday, February 5.

No oral arguments, Unless Requested.

Binder told WPCNR Saturday morning there would be nor oral argument in the case unless the Court of Appeals requested it. He said the judges would most likely decide the matter strictly on the court papers, however the seven Court of Appeals judges could bring in the attorneys for both sides for a hearing.

First, the Appeals Judges Have to Agree to Review

Binder said that Hockley's attorney, Adam Bradley had expedited the matter by filing a show cause order, and having it signed by a Court of Appeals judge. Consequently, he expected the court to decide within a week whether or not the case would be taken up.

The decision to take the case higher makes the February 7 court appearance date set by Judge Francis Nicolai to determine a date for citywide election unlikely.

Binder said the Court of Appeals had to first decide to review the case, and then they would take up the matter.

Procedure, Procedure, Procedure.

Mr. Hockley is appealing the case on the grounds that court procedural protocols (specifically not filing for a new index number after animpounding order), were not followed by the Larry Delgado legal team in impounding the election machine in District 18 last November.

It has been the Hockley contention all along that the results in District 18 should be allowed to stand, making him the winner of the third Common Council and the case thrown out, despite the fact that the voting machine jammed on the Delgado line, clearly costing him votes.

Meanwhile, Mr. Hockley , while asking the court to deny a new election the purpose of which is to count that lost vote, has been reported allegedly "campaigning" around the city of White Plains appearing at public gatherings.

Was Delgado on the way to a win, or did Hockley pull it out in District 18?

As election polls rolled in on Election night, Delgado had trailed most of the evening, and took the lead over Hockley with only District 18 to go. Delgado's supporters were confident that Mr. Delgado would do well in District 18, it being a strong Republican district in the past, despite being Tom Roach's home district (Democrat candidate and certified elected councilperson). However, a strange result was reported, Delgado received only 47 votes in District 18 more than 100 votes behind his Republican co-candidates, Bob Tuck and Mike Amodio.

If the canvas results of election night (including the results of District 18 as recorded on Election Day), are allowed to stand by the Court of Appeals, Hockley wins the election, 6,140 votes to 6,093.

The Republicans felt something was wrong here. And there was. They asked that the voting machine be impounded early Wednesday morning after election night.

The voting machine in District 18, was determined to be jammed by Judge Francis Nicolai's inquiry in December. The counter jam cost Larry Delgado approximately 100 votes he figures based on how the Republican Ticket had run citywide.

Mr. Delgado was leading Mr. Hockley going into District 18, 6,046 votes to 5,995 votes. It is the contention of the Delgado camp that Delgado would have taken District 18, beating Hockley by over 50 votes, had the voting machine not jammed on his line.

Will the Court of Appeals review the case?

According to John Ciampoli, Mr. Delgado's other attorney, election cases did not fare well in the eyes of the Court of Appeals last year. He said in late January that the Court of Appeals received 50 cases involving elections last year and only decided to hear two.


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