and of course Holt says he will fight this… typical. I am sure the Democrats in the leadership are relieved that this decision came down, without it they were running from calling for his resignation as they shouls have upon his guilty plea.

News - Holt Out; Calls Ruling “Legal Lynching”

Erie County Attorney Larry Rubin says George Holt is no longer an Erie County Legislator. Rubin says Holt vacated his position by pleading guilty to two misdemeanor charges of making fraudulent sales tax reports.

In a letter to Erie County Legislature Chairperson Lynn Marinelli, Rubin says Holt violated a section of the New York Public Officers Law. Section 30 of that law says every public office shall become vacant upon the officer’s conviction of a crime involving a violation of the Oath of Office, which can include knowingly giving false statements.

Because of that law, Rubin says the 3rd Legislative District seat automatically became vacant when Holt plead guilty to filing false tax statements.

Legislature Chairperson Marinelli says the legislature will follow the opinion of the County Attorney, and will strike every legislative action taken by Holt since his guilty plea on January 8, 2007.

“The Legislature has also realigned its committees to compensate for the vacancy. The business of government will continue without interruption,” said a statement sent from the Erie County Legislature.

George Holt issued the following statement:
“I plan to fight this issue. And get a fair hearing. I’m going to continue to fight. This has become politicized. Let’s not forget Lynn Marinelli is running for County Executive. Lynn is the one who called me and told me of the decision. I’m going to fight this in court. This is a legal lynching, because people gained politically from this. My lawyers repeatedly asked the DA if entering into a plea deal would result in losing my seat. And the DA said ‘no.’”

Holt entered guilty pleas for not paying the State of New York enough in sales tax revenue for his Fillmore Avenue restaurant “Matties.”

Under a plea agreement, Holt will pay New York State back close to $37,000 in sales tax revenues.