Niagara County Judge Frank Caruso: “The law is very clear”
By Andrew Harris
A virtual hearing was held on March 5 in the complaint made by former Allegany County legislator Adam Cyr asking to be reinstated as a county legislator. Allegany County has declared his District 3 seat in the legislature automatically vacant because Cyr changed his address to a domicile in District 4 on January 1st.
Because both Allegany County judges had recused themselves from the matter to avoid the appearance of a conflict of interest, Niagara County Judge Frank Caruso heard the case via virtual hearing.
Judge Caruso offered the both sides the opportunity to argue their case. Cyr was represented by Michael MacPartland, Esq and Allegany County was represented by Charles Grieco of Bond, Schoeneck & King, PLLC and Allison Carrow, Allegany County Attorney.
With very little debate or fireworks, Judge Caruso told the court that he found the case “fascinating” and that the arguments were carefully considered. At that Caruso ruled that, “the law is very clear so this motion is denied and the case dismissed.”
Cyr has this to say after the decision by Judge Caruso:
“Brooke Harris, the County Administrator and others did not want me as a Legislator because I was trying to get money for our volunteer EMT’s and firefighters and I was voting against the 1.5% sales tax increase. They did not want any no votes for the 1.5% tax increase. In the past 3 years they pulled 28 million dollars out of the County Savings Account and that covered the difference of the budget going up so nobody would notice. I am the only one talking about this. I can appeal the judges decision today in the Appleate Division of the Supreme Court but I need to focus on the big picture of being County Treasurer and lowering taxes before it’s too late. We spend money on Economic Development and they don’t like when I bring up the lack of results. They started this witch hunt when I announced I was running for Allegany County Treasurer and they want to keep putting the same people in office with the same results over and over. The legislators went to Albany and hired outside council that the Allegany County Taxpayers are funding to get rid of me. They wined and dined at Delmonico’s Italian Steakhouse on the taxpayers dime while Wellsville Assessments were going up and Northern Lights shocked Brooke Harris by saying they were leaving. I was advised by a lawyer that according to a 1993 case, if I was still a registered voter in Allegany County, I could change my address during the term. The judge today did not agree. I am no longer a Legislator, I know what President Donald J. Trump went through and I am not bound by Executive Session orders anymore. I can speak on things that have happened and are happening in Allegany County as I run for Allegany County Treasurer.”
Allegany County Chairman W. Brooke Harris reacted to the ruling:
“We’re thankful that the Court confirmed the County’s clear determination that Mr. Cyr vacated his seat. Unfortunately, there is no legal mechanism available to recuperate attorney’s fees associated with the County’s defense of Mr. Cyr’s failed litigation. We’re looking forward to filling the vacancy and reestablishing full representation for the residents of District III.”
