White Plains CitizeNetReporter - Bradley Credits Detailed Case Law for Favorable Reversal. Latest News.

5 O'Clock Report By John F. Bailey, filed 3/14/02, UPDATED 5:00 PM EST: Adam Bradley, Glen Hockley's attorney, whose arguments won an historic reversal from the Court of Appeals today, credited the decision favoring his client, Glen Hockley, with his detailed presentation of case law, showing that quo warranto proceding had only been waived once and that was because of a death in office.

SUNCIN PAYS OFF FOR HOCKLEY BRADLEY TEAM: With smiles a legal brief wide, Glen Hockley, left, and Adam Bradley, his relentless attorney, relax in Mr. Bradley's office Thursday afternoon in a WPCNR interview. Hockley said "He was ready to go," on the council and "euphoric" about the decision. He said he planned to begin his walking tours of White Plains neighborhoods shortly. Bradley told WPCNR that any further legal action would involve Mr. Delgado filing a request for a quo warranto procedure with the Attorney General. Bradley said the Attorney General only has to decide whether a court action is warranted. He said that any court decision unfavorable as a result of that action would likely be appealed. City Hall said Thursday afternoon, it had learned that certification of Mr. Hockley by the Board of Elections is being delayed "a couple of days" because the Board's computers were down, so it would be "a few days" before Mr. Hockley was certified allowing him to be sworn in on the Common Council. "Suncin" is Japanese for "focus," a trait that Mr. Hockley says he lives in his karate training and his community service.
Photo by WPCNR

"The court listened very carefully, to my summary of case law," Bradley told WPCNR this morning in a telephone interview.. "There has only been one case where quo warranto was not available, (the Shiels case, 1937) where a declaratory action was undertaken, and that was because an incumbent died in office."

Bradley detailed the arguments for WPCNR weeks before the Court of Appeals decision handed down today. Bradley said he had no problem with the Larry Delgado camp filing a quo warranto procedure with the Attorney General, as suggested by the Court of Appeals.

Where are the affidavites?

However, he did say that he was surprised that the Delgado forces had not presented sworn affidavites from voters in District 18 who said they had voted for Delgado. Such affidavites, Bradley said, were routine procedure when election results are contested.

In any quo warranto procedure with the attorney general, should the attorney general grant it, affidavites, with evidence of the voting machine breakdown would buttress the Delgado case. The quo warranto procedure is "legal proceding undertaken to recover an office, franchise, or privilege from the person in possession, initiated upon an information."

The next step in the procedure to install Glen Hockley as the sixth Common Councilperson is for the Board of Elections to certify his election as stands, including the District 18 results as of November 6.

In that proceeding Mr. Hockley defeated Mr. Delgado. However, Delgado received 100 votes less than his Republican running mates, Mike Amodio and Robert Tuck, whom he had been running ahead of in every district. Had Delgado received the 100 votes or so that he felt had been taken away by a jammed voting machine, Mr. Delgado would have been thewinner. The voting machine was discovered, upon court-ordered inspection, to have jammed on election night.

The Court of Appeals decision today clears the way for Glen Hockley to be sworn onto the Common Council without a new election. Only after Hockley is seated can Mr. Delgado, based on the evidence of a jammed voting machine, petition the Attorney General Elliot Spitzer for a jury trial to find a remedy. Mr. Spitzer has to consider whether or not to open a proceding should Mr. Delgado petition the Attorney General.


Create an account		The White Plains Daily Internet Newspaper...Founded 2000 A.D....


			Designed and hosted by WestchesterInternet.com