Former Erie County GOP Chair Jim Domagalski has withdrawn from the race to fill Dale Volker's state senate seat.

Domagalski lost the Republican primary to Pat Gallivan, but intended to continue his campaign for the 59th senate district on the conservative and independence lines.

However, now that a judge has reinstated David DiPietro on the ballot on the tea party line, Domagalski issued this statement Friday: "In a four way general election race involving three Republicans and a Democrat the inescapable reality is that liberal Democrat Cynthia Appleton would likely emerge as the general election victor, denying taxpayers, families and businesses in this district conservative representation and potentially leaving Sheldon Silver and the State Democratic party in charge of both houses of the legislature. The specter of such a result would undermine the very message and principals that I have fought so hard for. Therefore, I have decided to withdraw as a 2010 candidate for State Senate."

Domagalski also said he would not be endorsing any of the remaining candidates.