White Plains CitizeNetReporter - Bradley: Decision with Statewide Implications Looms at Court of Appeals.

6 O’clock Lightning Edition, Filed 2/8/02, UPDATED 10:15 AM EST Saturday: New York’s highest court, the Court of Appeals granted the Glen Hockley Motion for Leave to Appeal the Appellate Court-ordered citywide election Friday. The court agreed to hear oral arguments on Mr. Hockley’s case on Thursday, February 14 at the Court of Appeals, 20 Eagle Street in Albany. Attorneys Adam Bradley, representing Mr. Hockley and Jeffrey Binder and John Ciampoli, representing Larry Delgado will present arguments at 2 PM. The case was originally scheduled for Wednesday, but was moved back on the Calendar at the request of Mr. Delgado's attorneys who are arguing a case in Manhattan Tuesday.

Hockley gets the good news from WPCNR

Glen Hockley first learned of the court decision Friday morning in the Galleria Parking garage when WPCNR broke the story to him. Mr. Hockley’s first reaction: “I’m very pleased, just very pleased, we’ll just see where it goes at this point.”

GLEN HOCKLEY GETS THE GOOD NEWS: Candidate Glen Hockley, the "Councilman in Waiting" receiving the news from the Court of Appeals that they are going to hear his case. WPCNR personally broke the news to Mr. Hockley Friday morning.
Photo by WPCNR

Asked if he had made any plans for any subsequent campaign, (he has sent out fund-raising letters to Democratic District Leaders), Hockley said, “Well, if we have a campaign, we may not have one. I’m certainly ready for a campaign. I think our campaign will be victorious that’s what I feel.”

WPCNR asked Hockley if he felt the Court of Appeals decision was a vindication of Adam Bradley’s legal strategy, Hockley said,

“I think what we’ve been doing is terrific. He’s been a tremendous attorney, and excellent.”

Asked if there was any time Bradley had lost heart at all during the process, Hockley said of his attorney, “ Not at all…not at all.”

WPCNR asked Hockley if Mr. Bradley was confident all the way.

Hockley didn’t hesitate, saying “Absolutely, he’s the best. He’s the best election law attorney that I have heard about, that I know about.”

Bradley calls it a case with statewide impact.

Interviewed in his offices at 140 Grand Street in White Plains Friday afternoon, Adam Bradley, Hockley’s attorney was passionate in his belief in the importance to the state of the Hockley appeal:

“I’m obviously pleased that they recognized there were very important legal issues being raised, that they were certainly worthy of the highest court of the state of New York making determinations as to what the rule of law in the state of New York is.”

ADAM BRADLEY SEES HISTORIC RAMIFICATIONS: Glen Hockley's attorney, Adam Bradley, in his offices on Grand Street in White Plains, discussed why he appealed the Appellate Court decision.
Photo by WPCNR

We asked Bradley about whether he had argued before the Court of Appeals before: “I’ve been before them on oral argument on leave applications. I’ve not argued before them on the issues themselves before a full panel.”

Bradley described the Court of Appeals experience: “It was nice. I enjoy arguing before the Appellate Division and I’m sure I’m going to enjoy arguing before the Court of Appeals. It will be a challenge. They’re obviously experienced jurists. That’s why they are there.”

Not just a little White Plains Case.

WPCNR asked about the significance of the Hockley appeal, Bradley responded,

“What I’m most pleased about is that there is a recognition by the highest court in the state of New York that we’re dealing with very important legal issues that deal with the rule of law that transcend election law cases, that deal with all cases.

That there needs to be something said by the highest court, and that’s fine. Whatever they decide is going to be what the law of the state is, and that’s a good thing.”

We asked why, when the Appellate Court ruled for a citywide election, (that Mr. Bradley had argued for in his first appeal,) did he take the appeal higher to the Court of Appeals.

Bradley said it was a matter of principle: “Because obviously, I was pleased that the Appellate Court recognized that if there is to be any remedy here it should be a citywide election. That is something I felt was very important. Something I argued, as you know before the trial judge.

The reason why there’s an appeal is because, this case as I’ve indicated, has tremendous ramifications well beyond election law in this state. It has ramifications that deal with the civil procedure rules in the State of New York on all legal cases filed in this state.”

A look beyond the election result.

Bradley feels the appeal has statewide significance: “I think it’s very important the Court of Appeals set the precedent, make a determination of whatever the rule of law is going to be in this state. Certainly in the past, the many errors that were made in this case have been determined to be fatal errors in many other cases, and in cases where there were certainly very equitable claims that were dismissed for very similar reasons as to the issues that are occurring here.”

Bradley rests his case: “I have no problem if the Court of Appeals wants to change the precedent that has been set in these types of cases, that instead of a standard that requires strict conformity, they want to create a standard that allows for some equitable considerations. I am following the precedents that have been set.

And certainly knowing that many cases in the state of New York have been dismissed for the exact same reasons that there are problems in this case, leads me to believe that the Court of Appeals (by agreeing to hear the Hockley case), recognizes that they need to make a determination as to what that standard should be for all lawyers and all litigants practicing in the State of New York.

The issues clearly are not trivial, what’s clear is, nobody can suggest that the issues being raised are in any way trivial….the highest court of the State of New York the equivalent of the Supreme Court on federal issues in Washington, has determined these are issues warrant their insight and input on determining what the law in this state is going to be. That in and of itself, is important.

This is not a case that is just some minor little issues in the City of White Plains. I’m very pleased that that that’s what’s going to occur here.”

Westchester 1982 case threw out far more “numbers anomalies” than one district.

WPCNR asked when do you look at an unusual result in an election district and examine a machine under election law? Bradley said that there had be more argument for a voting machine examination than simply that you think the result is too low. He uses a case in Westchester in 1982 involving, ironically a candidate named Bradley:

“The Bradley case was a countywide election” Bradley recalled for us, “candidate lost by 45 votes, countywide. There were anomalies in districts throughout the county as there always is. Candidate comes in, says, ‘Hey, I need to know what’s going on here I’m only down 45 votes countywide.’ Substantially closer than this case. (The candidate said) ‘I can point to not one district, but 30 districts where there’s clearly unusual numbers anomalies that don’t look right.’ The court said that’s not enough. Case dismissed.”

Larry Delgado trailed by 47 votes after the canvas was completed on Election night, and claims to have lost at least 100 votes as a result of the jammed voting machine.

Bradley advised WPCNR that Delgado’s attorney John Ciampoli has “misconstrued” his brief dealing with a motion for a declaratory judgment when Ciampoli said Bradley was claiming they were denied a jury trial at the trial court level.

Jeffrey Binder, Larry Delgado's attorney, said he and John Ciampoli, Delgado's other election law specialist were "ready," for the oral argument.

For information on the Court of Appeals, its judges, and directions to Albany, CLICK ON WPCNR's "White Plains Links" and go to "Courts in the News."


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