Ex-Freeport mayor cleared in defamation case

Former Freeport Mayor William Glacken did not defame developer Gary Melius by accusing him during a public debate of trying to "extort money" with a lawsuit against the village, a New York appeals court has ruled.

The panel of the Appellate Division of the New York State Supreme Court ruled unanimously on Tuesday that remarks by William Glacken constituted "nonactionable opinion" and therefore protected him from defamation claims.

"I did not defame him, and the court confirmed that," Glacken, who was in office from 1997 to 2009 until he lost his bid for re-election to current Mayor Andrew Hardwick, said Saturday. "I am relieved and happy . . . Hopefully, that is the end of that particular litigation."

According to the decision, "considering the immediate context, a reasonable listener would have believed that calling the plaintiff an 'extortionist' who is seeking 'to extort money' was conveying the defendant's opinion as to the merits of the plaintiff's lawsuit and was not a factual accusation of criminal conduct."

Melius, who owns the Brooklyn Water Works property in the village, sued Glacken following a debate at the local library in February 2009 for mayoral candidates that included a "heated exchange," according to the court ruling.

During the debate, the moderator selected Melius' written question, which was about a federal lawsuit filed in 2003, seeking $25 million from Freeport and Nassau County for what Melius alleged was a conspiracy to steal his 4.2-acre property through an unlawful tax deed scheme.

Glacken referred to the suit as an "attempt to extort money" from Freeport taxpayers, and called Melius an "extortionist," according to the ruling.

The updated, pending suit is for $8.5 million against Glacken and several other current and former village officials. Hardwick settled the village's share of the claim for $3.5 million and Nassau County paid $500,000.

The Federal Second Circuit Court of Appeals decided on April 18 to dismiss the motion to throw out the suit, allowing the suit to proceed, documents show.

"We are still defending ourselves in the Water Works litigation," Glacken said.

Melius, who also owns Oheka Castle in Huntington, said he was weighing whether to appeal the defamation suit to the New York Court of Appeals.

"I don't know if it is worth it for me to do that," Melius said. "I will make a decision because I will eventually have to."