White Plains CitizeNetReporter - Appellate Court Issues a Stay in Hockley-Delgado <i>Quo Warranto</i> Proceeding

WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. April 3, 2003: The Second Department, Appellate Division in Brooklyn issued a stay Monday, giving Thomas Abinanti, Glen Hockley's attorney 30 days to perfect his appeal of Judge Francis Nicolai's decision to move the quo warranto forward despite the Hockley camp contention that the quo warranto action had been filed past the statute of limitations under which a party can sue an officeholder or government body.

The stay suspends the court proceeding where Judge Nicolai had ordered both the Attorney General office and Mr. Abinanti to file briefs on the admissability of the affidavits submitted in the quo warranto proceeding by the Attorney General.

Mr. Abinanti's argument that the Appellate Court appears to be supporting is that the Attorney General launched the quo warranto too late, well beyond the 4 month statute of limitations.

Mr. Abananti explained to WPCNR that Mr. Hockley took office on March 15, 2002, and the attorney general's office had by the statute until July 15 to file the quo warranto action, however, did not do so until late last fall.

Abinanti said that after he submitted his appeal, that the attorney general's office would respond, there would probably be oral argument in May with a decision by June.

The Attorney General's rebuttal to the Abinanti appeal on Hockley's behalf argues that the statute of 4 months limitation deals specifically with Article 78 proceedings, not elections.

Abinanti said he was feeling very good that the Appellate Court had issued the stay, saying it was a sign that they considered the statute of limitations issue worth examining.


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