A Niagara County legislator whose residency was called into question earlier this year has resigned from office.

Andrea McNulty, a North Tonawanda Democrat who caucused with the Republican-led Majority, announced her decision to step down immediately in a letter delivered to the Legislature on Tuesday.

The move follows action taken Monday by members of the Niagara County Democratic Committee who formally asked County Clerk Wayne Jagow to declare McNulty’s Ninth District seat vacant on the grounds that she violated a section of the public officer’s law requiring candidates to live in the districts they represent.

In May, county Democrats accused McNulty of violating the residency requirement, suggesting she no longer lived in her North Tonawanda district but rather had taken up residency at a home owned by her husband, Randall Klyczek, in the Town of Pendleton.

McNulty announced shortly after the allegations were made that she would not seek re-election, citing “many personal factors.”

In her letter to the Legislature, which was read aloud during Tuesday’s meeting by Chairman William Ross, C-Wheatfield, McNulty noted that she now intends to live in the Town of Pendleton and that her son would be attending school in the Starpoint District. McNulty said she had no regrets about the decision and intends to remain active in politics by supporting candidates she believes in.

“Though I am no longer an elected official that does not mean my public service will come to an end,” she wrote.

Democratic Party Chairman suggested McNulty’s resignation had much to do with Monday’s petition filing by members of his committee. Had McNulty remained in office and had Jagow failed to vacate her legislative seat as requested, Rivera said his committee was prepared to move forward with an Article 78 proceeding in an attempt to convince the courts to have her legislative post vacated.

“I think the underlying factor behind her resignation was that we were going through with litigation,” he said.

Rivera’s residency charges were based on documents he obtained under state Freedom of Information law. Records show McNulty and Klyczek both have previously listed a home at 28 N. Jesella Drive in North Tonawanda as their address. A September 2008 warranty deed, minutes from a 2007 North Tonawanda Common Council meeting and a 2005 New York Tax warrant all show Klyczek living at the North Tonawanda address. Voter registration cards from 2007 for both Klyczek and McNulty also list the same North Jesella Drive property. A copy of a 2008 notice from the county clerk’s office shows McNulty paid in full an HSBC bank mortgage on the home.

County records show Klyczek purchased a home at 6004 Colony Court home in September 2008 for $255,000. Records from the Town of Pendleton assessor’s office indicate Klyczek is receiving veterans and STAR exemptions for taxes owed on a property as well.

In May, McNulty admitted her husband did own a home in Pendleton, but insisted she continued to reside at her own place in North Tonawanda. She also said she personally did not have any legal ownership stake in the Pendleton property and that she and her husband kept separate finances.

Democrat Christopher M. Perna and endorsed Republican and former North Tonawanda Alderman Phillip Rizzo are set to square off in the November election for the Ninth District seat.

In the meantime, McNulty’s departure leaves the Legislature one representative short. The Republican-led Majority could choose a replacement in advance of the fall election, but Majority Leader Richard Updegrove, R-Lockport, said members of his caucus are not inclined to do so unless directed by law. He said the Republicans have asked county attorney Claude Joerg to review all local laws that would apply in this case to determine if the seat must be filled.

“If it is required then we will conduct interviews and fill the seat,” Updegrove said.

Rivera said the GOP should give voters in the Ninth District what they deserve — a replacement for McNulty who can prove they reside full-time in North Tonawanda.

“If they don’t appoint a replacement, they are robbing the citizens of North Tonawanda of their due process and representation,” Rivera said.

Contact reporter Mark Scheer at 282-2311, ext. 22