White Plains CitizeNetReporter - Attorney General Initiates <i>Quo Warranto</i> Proceeding to Bring Delgado Back

WPCNR AFTERNOON TRIB & POST. By John F. Bailey. December 3, 2003:Attorneys for former councilman Larry Delgado of White Plains, were notified today that Eliot Spitzer's Quo Warranto Review panel has found in favor of Mr. Delgado and will file papers today to bring a quo warranto procedure in supreme court in White Plains to restore Mr. Delgado to the Common Council.

Jeffrey Binder, attorney for Mr. Delgado during the councilman's three tier court fight to secure a remedy for a jammed voting machine, reported the Attorney General's office decision today.

Mr. Binder said he thought the procedure would be a jury trial, not a bench trial, and the action would be to restore Mr. Delgado to the Common Council.

He said that an attorney from the Attorney General's Office, Joel Graber, a seasoned and knowledgeable election law attorney would be representing Mr. Delgado's interest in the quo warranto procedure in which the Attorney General will seek to remove Mr. Hockley from office as a "usurper," the essence of any quo warranto action. Binder speculated that the action could begin within two to three weeks, almost nine months since the Court of Appeals threw out Judge Francis Nicolai's decision, and the Appellate Division rulling calling for a new election between Larry Delgado and Glen Hockley.

Binder said the Quo Warranto Review Panel informed him that they "appreciated our (Mr. Delgado's) patience."

Mr. Binder said the last quo warranto action in the state was executed in 1990, successfully.


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