FEBRUARY 7, 2007

ERIE COUNTY LEGISLATURE CHAIRPERSON LYNN M. MARINELLI STATEMENT ON JUDGE DILLON UPHOLDING 3rd DISTRICT VACANCY

New York State Supreme Court Justice Kevin M. Dillon ruled that the 3rd District Erie County Legislature seat became vacant, by operation of law, when former Legislator George A. Holt Jr.'s pleaded guilty to crimes involving a violation of his Oath of Office, according to Erie County Legislature Chairperson Lynn M. Marinelli (D-Tonawanda, Buffalo).

"This body followed the advice of the County Attorney, who is the official legal counsel to the County Legislature regarding such matters. According to the Public Officers' Law, the seat became vacant by operation of law when Mr. Holt pleaded guilty to two counts of state tax fraud," Chairperson Marinelli said. "The purpose of the Public Officers' Law is to assure citizens that their public officials are worthy of the public's confidence and trust. In this case, the Public Officers' Law operated as it is intended to operate."

"In January, I told the people of Erie County that I would follow the law as interpreted by the County Attorney," Chairperson Marinelli continued. "The Legislature faithfully executed the laws of New York State. We have and will continue to do the people's business."

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