New Judge Named In Metropolitan Park Casino License Lawsuit

A lawsuit filed by five Queens residents seeking to reverse the New York State Gaming Commission’s (NYSGC) decision to award a casino license to the Metropolitan Park group led by New York Mets owner Steve Cohen was reassigned to a new judge this week.

The previous judge, Hon. Nicholas W. Moyne, submitted a recusal form April 2. In his filing, Moyne wrote he has a “tangential social relationship with a member of respondent.” The judge wrote that the relationship, while “not impacting my impartiality, may create the appearance of partiality, which I wish to avoid.”

Moyne had previously dismissed the lawsuit prior to his recusal, arguing the New York State Supreme Court was not the proper venue. The suit alleges the NYSGC:

knowingly relied on a recommendation from a Community Advisory Committee that did not publish its notices in accordance with the open meetings law and used biased procedures in its public hearings that did not allow opponents an equal opportunity to speak to the Committee; and (2) failed to consider the integrity, honesty, good character and reputation of Steven A. Cohen, an individual who directly or indirectly controls the applicant Queens Future LLC, as required by law.

The NYSGC last December awarded the Metropolitan Park group’s $8.1 billion proposal one of three $500 million downstate casino licenses. The group plans to build the gambling venue, which would be run by Hard Rock, adjacent to Citi Field.

New judge, new machinations

The group had filed with Moyne a motion to reargue via order to show cause, but new judge Hon. Matthew V. Grieco denied issuing a temporary restraining order, according to a Monday filing. According to QNS, the group is planning an updated motion to reargue filing for Grieco.

The five residents, who are representing themselves, face what could be a tall order. The counterargument may note that the Community Advisory Committees (CACs) were part of a painstaking process put together by the NYSGC, and they met the requirements of holding a minimum of two public meetings prior to a vote to forward the Metropolitan Park proposal to the NYSC’s Gaming Facility Location Board last September.

One area in which the lawsuit has potential merit is with the group’s claim of “biased procedures in its public hearings that did not allow opponents an equal opportunity to speak to the Committee,” considering CAC Chairperson and New York State Assemblywoman Larinda Hooks cut short the second meeting with approximately an hour remaining.

As reported by the Queens Daily Eagle, Hooks ended the hearing after some attendees yelled “Shame on you” at her and the CAC after she called for the ejection of an attendee who yelled “Sellout!” at one of the speakers backing the project.

Physical construction for the Metropolitan Park project has yet to begin, but Hard Rock detailed action plans last May to be shovel-ready when final regulatory approvals are given.