YORKTOWN, N.Y. -- Two Yorktown employees who filed a lawsuit against the Town of Yorktown and former Town Supervisor Susan Siegel will not seek an appeal after their case was dismissed this week .
State Supreme Court Justice William J. Giacomo ruled in favor of the defendants' motion for summary judgment dismissing complaints from Highway Superintendent Eric DiBartolo and Highway Department employee Patricia Cole that Siegel made defamatory statements against them.
"My clients are disappointed with this decision because their lives are significantly affected by her lies and the rumors that were spread," Amy Bellantoni, DiBartolo and Cole's attorney, said Friday, in announcing their decision not to appeal.
"I don't believe that there is an appeal in the future. Of course the dismissal was disappointing," Bellantoni said. "The comments made by Ms. Siegel were untrue and she should not have been entitled to immunity based on the fact that the statements were made with malice."
The lawsuit alleged that on May 27, 2010, Siegel told Dennis Verboys, director of facilities at Yorktown Central School District, that DiBartolo and Cole were involved in a "sexual relationship," which the lawsuit claimed was a false statement.
In his ruling, Giacomo noted that no school officials recalled Siegel using the term "sexual" and that statements made in the phone call "were made in furtherance of her official duties," according to the summary judgment.
In a statement, Siegel said she was pleased that the "frivolous lawsuit" was dismissed.
"I’m pleased that the issue has finally been resolved,” Siegel said in a press release. “As the judge noted in his ruling, there was a strained relationship between Mr. DiBartolo and myself dating back to January when the Town Board voted to eliminate the Director of Labor Operations position. From the beginning I felt his lawsuit was an act of vindictive retaliation.”
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