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HOUSING ACTIVIST TO GET DISMISSAL OF CHARGES

Buffalo housing activist Richard Kern, who has moved to Minneapolis, was granted a delayed dismissal of the latest of more than a dozen criminal cases filed by prosecutors after complaints from by local officials.

Last week, acting Buffalo City Court Judge Philip M. Marshall granted Kern, 65, an adjournment in contemplation of dismissal on harassment, aggravated harassment, stalking and criminal contempt charges.

At the request of Erie County District Attorney Frank J. Clark, the judge also got Kern to agree to withdraw his request to reinstitute a federal suit accusing Clark of false arrest.

Marshall also got Kern to agree not to to refile a criminal complaint against Charles Flynn, a member of the Buffalo Municipal Housing Authority board of commissioners, or launch a civil suit against him.

At the request of prosecutor Michael J. McHale, the judge also ordered Kern to refrain from contacting Flynn in any way for three months.

Marshall told Kern that, if he follows orders for the three months, his latest criminal case -- the 13th filed against him here since the late 1990s -- would be dismissed.

McHale told the judge the district attorney agreed to the unusually short, three-month waiting period before dismissing the case because Kern had moved to Minneapolis.

After the court session, Kern again complained about the failure of the district attorney and federal agencies to investigate his allegations of wrongdoing by Flynn.

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