a summer training session for Judges and Clerks sponsored by the State of New York, Defendant Appel made the following comment to Richard Szarowicz, Court Clerk in the Village of Blasdell, New York: "as soon as Richie is gone, she's gone." Mr. Szarowicz understood "Richie" to refer to Richard Hallock and "she" to refer to Plaintiff. Defendants dispute that Defendant Appel made the comment. For purposes of summary judgment, the Court assumes the comment was made. Plaintiff never discussed Judge Appel's comment with Judge Appel, Judge Shaw or with any Town Board members.
Even though Mr. Hallock did not receive the endorsement of the Republican Committee, he entered the primary seeking the Republican nomination for Town Supervisor for the Fall 2003 election. Caucuses were held to determine which candidatewould receive the Republican nomination. Mr. Hallock successfully challenged the first two caucuses on legal grounds. Consequently, three caucuses had to be held.
Mr. Weiss won the Republican primary election in September of 2003. In the November 2003 election, Mr. Hallock ran on the Conservative Party ticket against Mr. Weiss and Democrat Jesse DeGroodt. Mr. DeGroodt won the election as Town Supervisor due in part to the split within the Republican Party and Mr. Hallock's candidacy.
Defendant Shaw, a Republican, was also running for reelection in 2003. As a result of Mr. Hallock's legal challenges to the Republican caucuses, Mr. Shaw had to endure three caucuses. Judge Shaw admitted that he was upset by the process.
Defendant Appel is also a Republican. Her live-in boyfriend, Earl Kelsey, serves on the Republican