Judicial Recusal in Gaming Commission Lawsuit
Hon. Nicholas W. Moyne has stepped back from a lawsuit initiated by Queens residents against the New York State Gaming Commission. The case will now be overseen by Hon. Matthew Grieco.
Reason for Recusal
Moyne recused himself on March 20, noting a “social relationship with a member of respondent” in a document submitted to the court on April 2. The lawsuit arose from public dissent regarding the gaming commission’s unanimous approval on December 15 for a commercial casino license to the Metropolitan Park casino, backed by Hard Rock International and billionaire Steve Cohen, owner of the New York Mets.
Location and Construction Status
The casino is planned to be situated next to Citi Field in Flushing, with construction preparations already in motion. Moyne stated that his social connection does not compromise his neutrality but could give an impression of bias.
Previous Case Dismissal
Prior to his recusal, Moyne dismissed the case, asserting that the New York State Supreme Court was an unsuitable venue. The petitioners, representing themselves, plan to file a Motion to Reargue, contending that New York Civil Practice Law and Rules stipulate the proceeding should commence in any county within the judicial district where the determination was made.
Concerns over Casino Integrity
The petitioners argue that the gaming commission failed to ensure the legitimacy of the casino sponsors, seeking an order to halt any construction until a new public hearing occurs. They reference Cohen’s hedge fund, which pled guilty to the largest insider trading scandal in the U.S., and Hard Rock’s recent dismissal of an executive over money-laundering allegations.
Claims of Insufficient Public Hearings
Additionally, the petitioners allege that the gaming commission did not conduct adequate public hearings and marginalized opposing voices. The Metropolitan Park team contests these claims, asserting they conducted more hours of hearings than many other projects. The latest submissions reveal that only a fraction of early speakers were against the casino during public discussions, with the project being backed by significant community support according to the Metropolitan Park team.
Community Response to the Casino
Many Queens residents are rallying against the Metropolitan Park casino, claiming it threatens the local real estate market and could negatively impact vulnerable groups, including gambling addicts and immigrant populations. While advocates for the project cite extensive community engagement and support, opponents remain firm in their dissent.
