Holt v. Marinelli

Appeal from a judgment of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered February 27, 2007 in a proceeding pursuant to CPLR article 78. The judgment determined that petitioner’s seat in the Erie County Legislature was vacated by operation of law pursuant to Public Officers Law § 30 (1) (e) on January 8, 2007 and dismissed the amended petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: While petitioner was a County Legislator for Erie County, he pleaded guilty after “extensive” plea…