Steuben County legislator to be deposed in sheriff’s insurance case, court rules

STEUBEN COUNTY, N.Y. ( WETM ) — The New York State Appellate Court denied Steuben County’s appeal to prevent a legislator from giving a deposition in the ongoing litigation between the Steuben County Legislature and the Steuben County Sheriff’s Office, according to Sheriff Jim Allard.

The Steuben County Sheriff’s Office and the Steuben County Legislature have been involved in a legal battle since Sept. 25, 2023, when the legislature passed two resolutions related to the sheriff’s lawsuit liability insurance. One of the resolutions would require the sheriff to purchase millions of dollars worth of liability insurance at his own expense, and the other resolution would rescind the county’s responsibility to reimburse the sheriff for legal fees incurred while in the line of duty.

Sheriff Allard submitted a petition to prevent the resolutions from going into effect to the New York State Supreme Court. The court granted a stay on the resolutions during the pending litigation. The legislature repealed the resolution that would require the sheriff to purchase his own liability insurance on Nov. 27 before the initial court hearing.

According to the sheriff’s office, the initial hearing was held in January 2024, and after the hearing, the New York State Supreme Court ordered that a county legislator be deposed. The legislator, who was present in the closed executive sessions that led to the resolution votes, would be required to give firsthand information to the court so it could decide whether or not the Steuben County Legislature acted in bad faith. The legislature filed an appeal against this decision with the New York State Appellate Court.

In an April 15 update on the ongoing litigation, the sheriff’s office said that the appellate court denied the legislature’s appeal on April 11. This decision will allow the court-ordered deposition to proceed, and the New York State Supreme Court will hold a final hearing after the deposition.

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