By ANDY GARDNER

POTSDAM -- A judge could take 30 to 60 days to rule whether or not a former Potsdam man acquitted of murder can go ahead with his lawsuit against more than 40 local government and law enforcement officials.

Oral “Nick” Hillary, formerly of Potsdam and now of Brooklyn, filed the notice in January with St. Lawrence County and the Village of Potsdam alleging “false arrest, investigation, malicious prosecution, fabrication of evidence, falsification of evidence, concealment of exculpatory evidence,” the document says.

Due to insufficient postage, the defendants named in Hillary’s lawsuit were not served court papers on time.

On Friday, Judge Mary Farley was scheduled to hear arguments in a notice to file a late notice of claim.

“All the parties agreed to do something called having the motion heard on submission, so there’s no oral argument,” according to Thomas Mortati, who is representing the Village of Potsdam, adding the judge could take “30 to 60 days” to issue her written ruling. “It will just be a sit-and-wait.”

Hillary, a former Clarkson University soccer coach, was tried in September for second-degree murder, accused of strangling to death 12-year-old Garrett Phillips on Oct. 24, 2011. He was acquitted after a high-profile bench trial that lasted about three weeks and drew national media attention.

A parallel lawsuit in Onondaga County Court against special prosecutor William Fitzpatrick, that county’s district attorney, will also have the motion to file late notice of claim heard on submission, Mortati said.

“Most likely the same thing is going to happen this week out in Syracuse,” he said.

Mortati said he doesn’t have any expectations on how Farley will rule.

These motions are fairly often granted, especially in a circumstance like this where everyone knew the underlying circumstance, but I have seen them denied in past,” he said.

“It’s the timing, whether or not they timely filed, and what steps did they take to get these things served in a proper and timely manner. Were they diligent in something they were supposed to do or not? It’s really a case-by-base kind of thing.”

If the lawsuit proceeds and the case goes to federal court, Hillary will have to be deposed by Mortati and several other lawyers, which earlier in March he said he thinks “will be somewhat eye-opening.”

The defendants named in Hillary’s post-acquittal lawsuit include St. Lawrence County District Attorney Mary Rain, St. Lawrence County Sheriff Kevin Wells, St. Lawrence County Sheriff Deputy John Jones, former Potsdam Police Chief Edward Tischler, former Potsdam Police Chief Kevin Bates, Acting Potsdam Police Chief Mark Murray, New York State Police investigators Gary Snell, Theodore Levison and Timothy Peets, former state police Crime Lab Assistant Director Julie Pizzaketti, Onondaga County District Attorney William Fitzpatrick, 10 unidentified St. Lawrence County employees, 10 unidentified St. Lawrence County District Attorney’s Office employees and 10 unidentified St. Lawrence County Sheriff’s Department employees.

Hillary also has a pending lawsuit from before the trial. He is suing the Village of Potsdam, New York State Police and Potsdam Village Police for violating his constitutional rights during the murder investigation. He alleges he was unfairly singled out as a suspect and denied basic rights of the accused during questioning.