BUFFALO, N.Y. (WIVB) — The Erie County District Attorney says that there is no evidence of criminal conduct by Brian Nowak, the Cheektowaga councilman who was accused of bribing another town official.

Councilman Brian Pilarski confirmed to News 4 that DA John Flynn emailed him Tuesday, claiming that the alleged statement by Nowak to Cheektowaga’s highway superintendent did not violate penal law.

In September, the Cheektowaga Town Board did not pass a resolution calling for Nowak’s censure. The resolution accused Nowak of bribing the town’s highway superintendent and using political power to stop the deputy highway superintendent from receiving any management position.

In his email to Pilarski, Flynn says this was brought to his office’s attention months ago, and it determined that the alleged statement by Nowak to the Highway Superintendent was “not in violation of any penal law.”

In the email, Flynn also writes, “Unless the Highway Superintendent brings forth any additional information this matter is closed.”

A resolution set forth by Pilarski, as well as Supervisor Diane Benczkowski, to launch a formal investigation into Nowak’s actions, was tabled Tuesday following the DA’s response.

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Tara Lynch is a Buffalo native and Emmy-nominated reporter who joined the News 4 team in 2022. She previously worked at WETM in Elmira, N.Y., a sister station of News 4. You can follow Tara on Facebook and Twitter and find more of her work here.

Justin McMullen is a Western New York native who joined the News 4 team in 2023. You can read more of his work here.