White Plains CitizeNetReporter - <i>The Quo Warranto Waltz:</i>Delgado Warriors Work to Set up Spitzer Play

WPCNER Friday Getaway Gazette. By John F. Bailey. April 12, 2002, 9 PM EDT: Jeffrey Binder, of White Plains, an attorney for Larry Delgado, former White Plains City Councilman, whose plea for the New York State Courts to provide a remedy for the effects of a jammed voting machine in District 18 in the fall city election, (denied by the Court of Appeals, March 14), indicated to WPCNR that we should "stay tuned," that the election dispute was not being dropped.

Binder stopped short of telling WPCNR that Mr. Delgado has decided to “go quo,” and ask Elliot Spitzer, New York State Attorney General to intervene and remove Mr. Hockley from his council seat as a “usurper,” not entitled to the office.

The attorney told WPCNR that there are a number of legal steps that have to be executed carefully to bring a quo warranto action to the Attorney General’s office. He said those steps are being prepared at this time. To date, Mr. Delgado has not confirmed or denied that he is going to take the course of quo warranto. However, his attorney said this week that those steps to prepare a quo warranto are in the works. He declined to elaborate what those steps were.

In discussion of the quo warranto procedure, Binder has said in the past that the Attorney General has to be approached by an office seeker, who must demonstrate to the attorney general, that an office holder is holding an elected position as a “usurper,” that he or she is not entitled to it.

On the White Plains Week television show, March 15, Adam Bradley, Glen Hockley’s attorney who fought the Delgado special election decision to a Court of Appeals reversal, said the Attorney General at this point must decide whether to bring a suit to remove the usurper (in this case, allegedly Mr. Hockley), and show cause. A trial takes place in Supreme Court with the Attorney General’s office representing the allegedly-wronged office-seeker’s interest. The result of that trial can be appealed to Appellate Court, and to the Court of Appeals.

Mr. Binder’s remarks to WPCNR this week raise the prospect that the Hockley-Delgado matter might work its way up through to the Court of Appeals once more.


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