The lawsuits have not yet been settled.
At the conclusion of the August hearings, Dwyer recommended each be placed on a 60-day suspension without pay.
But the decision to demote the former department heads that was announced during a Town Board meeting on Thursday, Dec. 4, was not a part of Dwyer's recommendation.
The decision to demote the individuals exceeds Dwyer's recommendation, which is why they have filed the appeals, Wright explained.
The employees were planning to file separate but similar appeals to Foley when town officials filed a restraining order, preventing Foley from hearing the employees' cases until after the Supreme Court Justice had ruled. Earlier last month, town officials made a motion to extend the restraining order, which was granted by Egan Friday, giving him 30 days to make a decision on the lawsuit, which began when the disciplinary proceedings began in September.
On Friday, Egan also acted to dismiss a motion by Neeley and Romano's attorney for a restraining order against the town for demoting Neeley and Romano. If the motion had gone through, Neeley and Romano would have been restored to their original positions and salary.
Unfortunately, it was denied, Wright said.
Wright said, should the judge rule in favor of the town, Neeley and Romano plan to appeal the judge's decision, and if the judge rules in favor of Neeley and Romano, town officials have said they too plan to appeal the decision.
"The wheels of justice do move slowly," Wright said.
Colonie officials were unavailable for comment on the latest development in the case.""