Niagara County Judge Frank Caruso sets hearing for March 5
By Andrew Harris
The saga of now former Allegany County legislator Adam B. Cyr continues after a formal complaint was filed by Cyr, pursuant to CPLR Article 78, asking the court to re-instate him as a District 3 legislator.
As of January 1, 2025, Allegany County has considered the Cyr seat formerly occupied by Mr. Cyr to be automatically vacated due to his change of address from Wirt in District 3, to Andover in District 4. The County Legislative Chairman W. Brooke Harris and County Attorney Allison Carrow notified Cyr that his seat was vacated by his relocation out of District 3, and obtained the opinion of outside counsel who agreed that Cyr intentionally changed his address to one outside of the jurisdiction where he was elected. Under NYS Law, if a legislator dies or legally leaves the jurisdiction which elected him, the seat is vacated automatically.
Cyr issued a statement contending the move was a mere formality, due to claimed home renovations, and he changed his address back to the jurisdiction where he was elected after the alleged renovations were completed. It was approximately three weeks between address changes and today Cyr maintains he is again residing in District 3 where he was elected to his first term in 2021. Allegany county officials and outside legal counsel contend that the vacancy happened immediately upon Cyr changing his address.
As promised, Cyr filed a complaint in the Allegany County Supreme Court, seeking an immediate injunction which would restore him to his legislative seat and for a full judicial review of what he contends is a politically motivated removal. County Legislature Chairman Harris and County Attorney Carrow were named as defendants in the complaint. Both County Judges Terrence M. Parker and Thomas P. Brown recused themselves due to potential conflicts of interest. Read the entire complaint here:
The matter has been assigned to Niagara County Judge Frank Caruso who has already decided not to issue an injunction that would require Allegany County to re-instate Cyr back to his legislative seat, without first conducting a hearing. Judge Caruso scheduled a hearing in the Allegany County Supreme Court in Belmont, NY, on March 5, 2025. That proceeding is expected to be a virtual hearing.
Cyr is represented by Mark Frenzel, Esq. from Grand Island, NY. Allegany County will be represented by outside counsel from the Syracuse-based firm, Bond, Schoeneck & King, PLLC, which has already been engaged in the matter.
Upon being granted a March 5 hearing, Cyr issued the following press release:
PRESS RELEASE, FEBRUARY 21, 2025
“The New York State Supreme Court has ordered Allegany County to show why they acted as judge and jury to strip Allegany County Legislator Adam Cyr of his seat in District III.
Supreme Court Judge Frank Caruso has ordered a show cause to Allegany County Board of Legislators Chairman W. Brooke Harris on March 5 at 2 p.m.
“The public has also seen the vendetta against me,” Mr. Cyr stated. “This all started when I announced my intention to run for Allegany County Treasurer. Since then, I was stripped of all committee seats. I am the only legislator not on a sub-committee. At the public hearing for the budget, I was told by Harris in open session I was not qualified to be treasurer as I warned the board about the consequences of a $10 million increase in the budget for 2025. My support for volunteer firefighters and public safety was ignored and then ridiculed in public sessions.”
Mr. Cyr said “I voted no to the 40% increase for the legislators, which included my pay. I voted no to the 42% increase for the county administrator to $155,000 a year. There were several other non-mandated increases to salaries that I voted no to in the resolution. There are some salaries the state mandates like the judge and district attorney. As legislators, we can control the spending, but instead, they are out of control with the spending.”
Mr. Cyr was then told he could no longer be a legislator.
“Harris hired outside counsel at the expense of taxpayers to try to remove me and now he will continue to do so. I am paying for a lawyer out of my own pocket against him because it’s the right thing to do. I will not ask the taxpayers to fund a vendetta,” Mr. Cyr stated. “The Supreme Court papers show 15 instances to back up my claim that I should be a legislator.”
The Supreme Court paperwork also mentions Allegany County Attorney Allison Carrow. It states “Cyr’s attempted removal from The Board was done without any due process whatsoever at the judicial administrative level, but occurred based on the unilateral determination of Ms. Carrow. Harris, and political allies on The Board, upon information and belief, took this action against Cyr as political retribution.”
Mr. Cyr is a successful businessman in Allegany County and said as he works with businesses and residents all over the county, they want to see change in Belmont. Using his own money, he took out radio ads to educate the public on elections.
“I took out several radio ads to let the public know what it takes to run for legislature as all 15 seats are up. I let them know where to pick up petitions and that they can start gathering signatures on Feb. 25. I am proud to see several people have done that and are running for the board,” Mr. Cyr stated.“
This statement by Cyr drew this response from Allegany County Chairman W. Brooke Harris, who stated:
“It is the County’s position that the law requires us to treat Mr. Cyr’s legislative seat as vacant. Mr. Cyr has commenced litigation challenging that determination, but the County’s determination remains in effect. The County will respond at a proceeding to be held on March 5th at 2:00 p.m. in Allegany County Supreme Court. Considering the pending litigation, it would be inappropriate to discuss Mr. Cyr’s status further.”
