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The Quo Warranto Intermezzo: Attorney General's Action Adjourned Again
Posted on Friday, February 14 @ 14:21:52 EST by jfbailey
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WPCNR WHITE PLAINS LAW JOURNAL. Special to The CitizeNetReporter. February 14, 2003. UPDATED, February 15, 2003: The usual suspects appeared before Judge Francis Nicolai in Supreme Court in White Plains Friday morning. The judge asked if attorneys for Mr. Delgado and Mr. Hockley had filed all the papers they wished to on Mr. Hockley's motion for recusal of Judge Nicolai. When the attorneys said they had, the Judge adjourned the proceeding with no further action taken. This information comes to us directly from the Court Reporter who transcibed the action. The court reporter said the actual time in session was 4 minutes.
Jeffery Binder, attorney for Larry Delgado, confirmed Saturday that Judge Nicolai has assigned another law clerk to work with him on this case, replacing Diane Lundin, the woman who is applying for a city judgeship. Ms Lundin was named in Mr. Hockley's motion for recusal because her application for a judgeship presented a conflict of interest for both the judge and Mr. Hockley.
Binder said Judge Nicolai lead him to believe that the Judge would have a decision on whether or not to recuse himself by February 20, next Thursday.
Binder noted that if Nicolai took himself off the case, that the next judge assigned might rule on the Hockley motion to dismiss the case for failure to be filed in a timely manner (four months after the election).
The Hockley-Delgado fracas has now gone on one year and one day from the actual day when the Delgado-Hockley matter was argued before the Court of Appeals in Albany. The Court of Appeals then took one month to uphold Hockley's appeal, thus launching the quo warranto proceeding now in process
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