Staff Reports
Niagara Gazette
April 23, 2008 10:07 pm
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The slander and libel suit filed by Ed Lilly against his former colleagues is on hold for now.
At a state Supreme Court hearing Wednesday in Niagara Falls, Lilly said he asked Judge Ralph Boniello for more time to sort out what he calls “a conflict of interest” for Hodgson Russ to represent two of the suit’s three defendants.
Lilly sued former Lewiston-Porter School Board members David Schaubert and Louis Palmeri this March for alleging he illegally accessed voting records last year. Lilly currently serves on the board and had served with the two men before their terms ended last year.
Hodgson Russ represents the school board in all legal matters and the firm is providing legal defense for Schaubert and Palmeri in the slander/libel suit.
Lilly contends that Hodgson Russ represents him as a current board member so it’s a conflict for the firm to represent Schaubert and Palmeri in Lilly’s suit.
Lilly also says Schaubert and Palmeri were not acting as board members when they made accusations against him and are not entitled to legal defense from the school district.
“Hodgson Russ is being paid by the public to represent two private people,” Lilly said. “They are also being paid to represent me as a board member. My motion is for them to recuse themselves. There’s an absolute conflict of interest.”
The judge made no decision on Hodgson Russ’ involvement and a next hearing date has not been set, according to Lilly.
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