Steuben County appeals court decision allowing a legislator to be deposed in Allard case
Steuben County has appealed a recent decision by New York State Supreme Court Justice Jason Cook as the legal battle between Sheriff Jim Allard and the county continues.
The decision permitted Karlee S. Bolanos, the attorney representing Allard, to depose Steuben County Legislator Hilda Lando regarding the legislature's statements shared in executive sessions prior to the Sept. 25, 2023 vote not to indemnify Allard’s position.
“The county must protect its residents from lawsuits against the sheriff that could result in taxpayers being stuck paying millions of dollars in legal damages,” said Jack Wheeler, Steuben County manager. “We’ve simply filed a notice of intention to appeal, where we will ask the appeals court to fully protect the interests of county residents.”
Allard said the appeal is in connection with the Steuben County sheriff’s ongoing action against the county over a resolution that would strip the sheriff of protection against lawsuits for actions taken in his official duties.
The legislature’s Sept. 25 resolution, which passed 10-7, was stopped from taking effect by a court several days after it was approved, pending legal proceedings.
On Jan. 4, Steuben County Supreme Court heard arguments to receive testimony from a legislator concerning any discussion of the resolution in executive session ahead of the vote.
On Jan. 22, State Supreme Court Justice Cook issued an order allowing a legislator to be deposed under oath, finding that the deposition “is material and necessary to establish whether the county acted in bad faith regarding the executive session held and subsequent passage by the Steuben County Legislator of Steuben County Resolution 183-23.”
Allard said the county's appeal filed Friday stayed the order, preventing the Sheriff’s Office from taking the legislator’s testimony.
Background: Should Steuben County Sheriff pay for his own insurance? Allard, Legislature at odds
The date of the deposition had not yet been set, but Lando has said she will not answer questions about what was discussed in executive sessions prior to the vote to not indemnify Allard’s position.
"Although the county’s request to appeal prolongs the legal fight and the use of taxpayer monies to continue it, Steuben County residents should remain assured that the sheriff and the men and women of the Sheriff’s Office continue to carry out the full range of their responsibilities and duties in service of their public safety mission," Allard said in a statement Tuesday.
This article originally appeared on The Leader: Steuben County appeal stays order requiring deposition of legislator
