White Plains CitizeNetReporter - Albany Arguments: Court of Appeals Mixes Px for Remedy in Election Law

Midnight Special Edition, Filed 2/15/02, 12:00 AM EST: Observers of the Court of Appeals arguments on the Delgado-Hockley matter Thursday checking in with WPCNR indicate the Court is taking the dilemma of the Delgado Hockley jammed voting machine in District 18 and mulling how Election Law should provide for remedies to such situations in the future.

Our correspondent at the Court of Appeals Hall in Albany Thursday noted that the panel of seven Court of Appeals Judges were keenly interested in several constitutional issues raised by the Larry Delgado-Glen Hockley jammed voting machine in District 18, which has kept White Plains at a 6-person Common Council for six weeks.

Three justices queried attorneys Adam Bradley and John Ciampoli for approximately one hour. Their focus was on the issue of whether present Election Law even permits a remedy for future cases of this kind where a wrong has been identified.

The Judges, our observer reports spent 25 minutes of time with each attorney. A veteran of these procedings, our correspondent said this was an unusual amount of time for the judges to spend on arguments, and perceived this as evidence of their concern.

The question of procedure (the Delgado failure to purchase a second index number raised in the Hockley appeal), did not raise court concern as much as the conumdrum of a remedy and whether it was possible under current Election Law.

A decision is expected to be reached in a matter of days over the weekend or early next week. From here, one of the justices will report on the case to the rest of the judges, and they will analyze his or her decision.


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