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Kearns to resign Assembly post; assume clerk duties on Tuesday

Michael P. Kearns cleaned out his Albany office Thursday as he prepares to take office as Erie County clerk on Tuesday.

Kearns said he expects the Erie County Board of Elections to certify his election as clerk by no later than Monday, prompting him to resign from the Assembly at the close of business that day. He has scheduled a swearing-in ceremony for 1 p.m. Tuesday to assume his new post.

The departing assemblyman moves to his new position immediately upon vote certification because he assumes the unexpired term of former Clerk Christopher L. Jacobs, who was elected to the State Senate in 2016.

“I wanted to start as soon as possible, so I said ‘Yep, I will start on Tuesday,’” he said.

Kearns said he has asked Assembly officials to request a special election to fill his own unexpired term, but that decision is up to Gov. Andrew M. Cuomo. The governor is expected to address the situation early in the new year for the Kearns seat and several other vacancies in the Legislature.

In the meantime, Kearns said his Assembly office will remain open to address constituent needs, though he expects some Assembly staffers to join him in the clerk’s office in County Hall.

Kearns, a Democrat running on the Republican line, defeated Democrat Steven J. Cichon in the November election for clerk.

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