SMETHPORT – The lawsuit in which Tom Riel alleged the author of
a “letter to the editor” in The Bradford Era defamed his character
has been dismissed by McKean County President Judge John
Cleland.

In an order filed Tuesday in McKean County Court, Cleland
dismissed Riel’s complaint against Bradford man Patrick
Buccolini.

On May 4, Cleland had issued an order in the case “directing
counsel to appear and show cause why the case should not be
dismissed for failure to prosecute.” In the order, Cleland set a
deadline of May 15 for filing a response.

In the order issued Tuesday, Cleland wrote, “no answer having
been filed in response to the rule issued May 4, the rule is made
absolute. The complaint is dismissed.”

The suit had been filed in September. Riel – who is now a
Bradford City Councilman – had alleged that Buccolini wrote a
letter to The Era “with specific intent and with malice to harm the
reputation of the plaintiff such as to lower him in the estimation
in the community …”

Buccolini’s letter contained statements that he said he believed
to be true. Buccolini claimed that Riel cost the city money by
filing a lawsuit about the sign ordinances, and also by selling
back a building to the city that he and a partner had purchased in
2000 and planned to turn into an adult business.

However, Riel contested the veracity of those claims. Riel had
been asking for a jury trial and a finding on his behalf in excess
of $25,000.

Riel was represented by Port Allegany attorney Harold B.
Fink.

Buccolini was represented by Bradford attorney Richard
Mutzabaugh.