( CNN ) -- A New York State Supreme Court justice dismissed Friday a defamation lawsuit against Syracuse University and its longtime head basketball coach , Jim Boeheim . The suit was filed in December by two former ball boys for the basketball team , who have accused Bernie Fine , a former assistant coach , of repeated sexual abuse when they were children . Boeheim initially supported Fine , a longtime friend and colleague , accusing Mike Lang and his stepbrother , Bobby Davis , of fabricating their accusations of Fine 's alleged misconduct . The coach later apologized for his comments . Justice Brian DeJoseph of the Onondaga County Supreme Court ruled Friday that the initial statements made to media outlets by Boeheim `` were likely to be an opinion -- a biased , passionate , and defensive point of view of a basketball coach -- rather than objective fact . Thus , plaintiff 's defamation claim against Boeheim fails as a matter of law . '' Kevin Quinn , Syracuse 's senior vice president for public affairs , said the university is `` gratified '' by the decision . Gloria Allred , an attorney for Lang and Davis , vowed to appeal . `` It is difficult enough for victims of childhood sexual abuse to come forward . This decision sends the message that you can attack the alleged victim and call him a liar with impunity . It makes it even harder for victims to come forward , '' she said in a statement . Fine was fired from Syracuse in November after the allegations surfaced . He has not been charged with a crime and has maintained his innocence . CNN 's Andy Rose contributed to this report .
NEW : Plaintiffs ' attorney vows to appeal the decision . The suit was brought by two former ball boys who accused Boeheim of slander . Boeheim accused the men of fabricating allegations against a former Syracuse coach . A judge rules the comments `` were likely to be an opinion ... rather than objective fact ''