By Jon Campbell, Albany Bureau
ALBANY A day after saying he would immediately appeal, a Brooklyn attorney said Thursday there's not enough time to continue challenging the language of New York's casino referendum.
Eric Snyder, whose lawsuit challenging the Nov. 5 ballot proposition was tossed by an acting state Supreme Court judge Wednesday, said in a radio interview that he will no longer file an appeal.
"Unfortunately, I just don't think the timing is there," Snyder said on WGDJ-AM in Albany.
In his lawsuit, Snyder challenged what he called "advocacy language" in the ballot proposition, which asks New York voters to approve up to seven private casinos while touting added state revenue that would go toward "promoting job growth, increasing aid to schools, and permitting local governments to lower property taxes." He claimed the state Board of Elections crafted the ballot in secret and designed it in such a way to garner "yes" votes.
Acting Supreme Court Justice Richard Platkin, however, threw out Snyder's challenge this week, ruling it was filed outside of the statute of limitations and "lacked legal merit."
On Wednesday, Snyder had said he would file an emergency appeal, claiming Platkin had dismissed one of his claims even though the Board of Elections didn't file a formal motion to dismiss it.
On Thursday, he reversed course. Now, the language for the Election Day ballot will stand.
"No matter what happens, it can't happen before Election Day," Snyder said.