MONTICELLO — Sullivan County Supreme Court Judge Stephan Schick threw out a lawsuit by former town Councilman Ned Lang against Tusten Supervisor Carol Wingert and fellow Councilwoman Brandi Merolla.

Judge Schick determined that Wingert and Merolla operated within the bounds of their duties as elected officials when they brought complaints to the attention of the New York State Department of Environmental Conservation (NYSDEC)

“I'm very glad that the judge did what was right in this case. That's what we've come to expect from our justice system,” Supervisor Wingert said.

The original lawsuit alleged that Wingert, Merolla and Lang's neighbor, Arthur Freer, intentionally made false and defamatory statements to the public and the New York State Department of Environmental Conservation (NYDEC) concerning Lang's businesses - Lang Industries and Enviroventures Inc.

Lang alleged that Merolla and Wingert had contacted the NYDEC multiple times on behalf of Freer and reported “alleged sewage dumping” on both Lang's business and residential properties.

The NYSDEC inspected Lang's properties, where they found eggshell waste. Lang responded to the NYDEC that the eggshell waste was purposely used as fertilizer.

Lang charged that Wingert and Merolla made intentionally false and defamatory allegations in an effort to damage his relationship with the NYSDEC. Judge Schick didn't buy that argument.

“Town supervisors and town board members are afforded absolute immunity from liability from defamation with respect to statements made during the discharge of [their] responsibilities about matters that come within the ambit of [their] duties,” read Judge Schick's ruling.

“It is beyond question that one of the duties—indeed, the overarching duty—of a town supervisor and councilperson is to protect the general health, safety and welfare of the town's residents ... reporting a sewage complaint would be an example of acting to protect a resident's well being,” Jude Schick continued. “That such reports may have been motivated in whole or in part by malice is irrelevant.”

On November 22, Judge Schick granted a motion by Wingert and Merolla to throw out the case.