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Democratic State Senate candidate Betty Jean Grant has ended her legal effort to challenge her loss to incumbent Sen. Timothy M. Kennedy in the Sept. 14 Democratic Primary.

“I don’t have resources for lawyers,” Grant said. “We just ran out of money.”

Kennedy was declared the winner of the race by 139 votes after extended court proceedings before State Supreme Court Justice Joseph R. Glownia, prompting Grant to announce earlier this month she would appeal and pursue the case in federal court.

But now Grant, the Erie County Legislature chairwoman, says she will still seek a U.S. Department of Justice probe of a process she said disenfranchised voters. She also is conducting a write-in campaign against Kennedy.