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Judge rules Colonie was within its rights to demote workers

While Foley would not give specific details about the appeals of Neeley and Romano, he said that the process could take four to six weeks once all of the materials have been submitted to his office, which has not yet happened.

"There's no hard and fast rule and regulation," pertaining to the amount of time both sides have to submit all of their files of record," said Foley.

According to Wright, the materials have been submitted on Neeley and Romano's end.

"I have sent correspondence to the town indicating that they have the opportunity to respond," Foley said, adding that after the town submits their files and responds, the union would then get another chance to respond within a quicker time frame.

Foley compared the process to a game of tennis, each body getting the chance to serve again. But once he makes his decision, the game is over.

"Presuming that it would go as I would hope it to go, [it would end] probably mid-March," Foley said, explaining that that is the best-case scenario.

In June 2008, New York State Comptroller Thomas DiNapoli audited the paving job at the Rod and Gun Club and determined that, while not illegal, the work, which involved the use of town employees and equipment, was not done in the best interest of taxpayers. The comptroller concluded that the paving job cost taxpayers nearly $48,000 more than alternative options.

After the audit results were released last summer, Mahan and her administration pledged to bring accountability to those who were responsible.

The cases of Neeley and Romano were heard in late August by Bethlehem Hearing Officer Paul Dwyer. In September, the two filed separate but identical lawsuits against the town, claiming that the supervisor and Town Board did not have the authority to discipline them, a role they felt belonged solely to Commissioner of Public Works Robert Mitchell.

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