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Attorney General Requests Judge Nicolai in Delgado-Hockley Case.
Posted on Wednesday, December 18 @ 10:01:19 EST by jfbailey
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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 18, 2002 10:00 E.S.T.: Joel Graber, Attorney General Eliot Spitzer's right-hand man, handling the Delgado-Hockley quo warranto action, filed a Request for Judicial Intervention Monday with County Clerk Leonard Spano.
The action requests a "preliminary conference" that could result in the assigned judge declaring Larry Delgado the real winner in the disputed 2001 election, where the jammed voting machine in District 18 cost him the election, in the Attorney General's finding. After the preliminary conference, it is expected there will be a court appearance for Mr. Hockley to make his case.
Mr. Graber, Assistant Attorney General, in his Request papers filed with the County Clerk, specifically asks for Judge Francis Nicolai to be assigned to the case. Justice Nicolai wrote the original decision calling for a special election in the 18th district, that started Mr. Delgado and Mr. Hockley on the way up to the Court of Appeals last March and on the road to today's quo warranto situation.
In the first edition of this story, the supposition was made that the judge eventually assigned might have the option of decalring Mr. Delgado the winner, but WPNCR has been advised that there would have to be a court process to hear Mr. Hockley's side.
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