WPCNR Common Council Chronicle-Examiner. July 8, 2004: Glen Hockley is refusing to go quietly and leave the Council as directed by the Attorney General. He won a Temporary Restraining order Thursday  from the Appellate Court in Brooklyn, allowing him to stay on the Common Council another two weeks.

OH WON'T YOU STAY...JUST A LITTLE BIT LONG-GER...PUL-LEASE LET ME STA-AY: Councilman Glen Hockley at one of his characteristic soliloquies at the Common Council in May of this year. Mr. and Mrs. White Plains will have Mr. Hockley around for at least two more weeks as the Appellate Court changed its mind and temporarily blocked his ordered ouster from the Common Council as a demonstrated usurper of Larry Delgado's seat based on a quo warranto action initiated by the New York State Attorney General. Photo by WPCNR News

QUO WARRANTO WALTZ CONTINUES: The persuasive litigator, Thomas Abinanti, Glen Hockley's attorney, convinced a clerk at the Appellate Court, Second Department in Brooklyn Thursday afternoon to ask a new judge to grant Glen Hockley a Temporary Restraining Order which would delay Mr. Hockley's N.Y. Attorney General-ordered  removal from the White Plains Common Council which was rumored, but never officially confirmed to be taking place next week. Photo, WPCNR News Archive.

Hockley, sources say, is confident that after arguments on the motion due July 19 before the Appellate Court, he will win a further stay, allowing him to stay on the Common Council indefinitely until his appeal of Judge Nicolai's decision is decided perhaps in September. But, that will happen only if the Appellate Court expedites the Hockley appeal.

Delgado Attorney: Will go for the Hockley Backpay.

Jeffrey Binder, Larry Delgado's attorney told WPCNR, that in view of the latest Hockley delaying tactic, and Mr. Hockley's refusal to leave his seat honorably,  Mr. Delgado has now decided to seek full restitution from Mr. Hockley of all wages and pension contributions Mr. Hockley received during the almost 28 months Hockley has served so far.

Binder said Mr. Hockley can count on it.

Hockley has mounted legal maneuver after legal maneuver to avoid a defining result to the disputed 2001 election when the voting machine jammed in District 18, costing Mr. Delgado a victory, as defined by the Attorney General's quo warranto investigation recently completed and ruled on by Judge Francis Nicolai ruling Hockley be removed and Delgado instated.

Binder Notes on Latest Ploy

Binder described Abinanti's argument as convincing the clerk at the Appellate Court that the Hockley request for a jury trial and cross-examination of the 103 sworn affidavitts from citizens who say they voted for Mr. Delgado that November, should be looked on in a new light. Binder said the clerk took argument to a different judge from any who had ruled against granting Hockley the Temporary Restraining Order last week. Last week the Appellates turned down Hockley's request for a stay flat, 4-0.

Binder acidly said the Abinanti argument casts Judge Nicolai in the role of "usurping" a jury's role in deciding whether the voters who swore the affidavitts were believable.

The stay was granted at 3:30 Thursday afternoon, according to Mr. Binder.