Judge Dismisses Lawsuit Against Poloncarz, Burstein and Hogues

Judge Montor dismissed “IN FULL’ a frivolous lawsuit filed by Mike lomas and Glenn Wiggle (the ‘Financial Guys’)

The suit was filed jointly by Michael Lomas and Glenn Wiggle over the overtime payments to Erie County Health Commissioner Dr. Gayle Burstein. The suit named Poloncarz, Burstein as well as Erie County Personnel Commissioner Timothy Hogues.

Court finds that plaintiffs lack standing to pursue an action under GML $51.

Additionally, after examining the four corners of the complaint, the Court finds no

cause of action exists. Plaintiffs have failed to properly plead a cause of action for

fraud. The lack of specificity is fatal.

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