White Plains CitizeNetReporter - Judge Requests New Briefs from Attorneys on Past <i>Quo Warranto</i> Case

WPCNR WHITE PLAINS LAW JOURNAL. March 10, 2003: The Larry Delgado Quo Warranto action brought on his behalf by the New York State Attorney General entered a new phase Friday.

Judge Francis Nicolai, Administrative Judge of the New York Supreme Court, Ninth District, asked attorneys for Mr. Delgado and Glen Hockley to submit new briefs commenting on the extent the court is bound by a successful quo warranto action that took place in 1988, and its treatment of sworn affidavits in that case.

Judge Nicolai instructed the attorneys to review an action in the County of Cattaraugus that involved two candidates for the Town Council of East Otto, New York: Ivan Eaton and James Ellis in 1987-1988. Mr. Eaton, a Democrat when all votes were counted had apparently defeated Mr. Ellis by 119 votes to 54. However the other Republican on the ballot, Martin Westfall had received 227 votes to Mr. Ellis' 38 on the voting machine..

With a 100-vote spread between the two Republicans Ellis and Westfall, the voting machine was determined to be faulty. A manufacturer determined that a pinion had a broken part known as either a flange or gear.

The decision by Judge Edward M. Horey writes, factual findings which have beenmade together with the great variances in votes cast for the Republican candidate Martin Westfall on the voting machine...permits the inference that James Ellis received more votes than the Democratic candidate Ivan Eaton."

The Judge based his decision on a 1933 case which ruled "that while a court may not act on conjecture it may act on logical inferences based on human probabilities in anaylzing the facts attending an election."

Judge Horey noted that five cases established the "admissability of evidence of the electors as to how they voted." His Honor Horey observed that Ellis' original suit to have a summary judgment made declaring him the winner was rejected, at which point the Attorney General at the time, Robert Abrams initiated a quo warranto
The Ellis- Eaton case is virtually a doppleganger to the way in which Mr. Delgado's saga, now in its sixteenth month has unfolded. case.

Judge Horey ruled that Ivan Eaton be removed from office, and James Ellis immediately assume the council position.

Eaton appealed the decision and was rebuffed by the Appellate Division, Fourth Department.

The case is even more ironic when it is noted that Mr. Ellis received 38 votes, the same as Mr. Delgado.


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


			Designed and hosted by WestchesterInternet.com