The Brooklyn attorney challenging the language of New York’s casino referendum said he’ll appeal a judge’s decision to toss his suit by Thursday.
Eric Snyder’s lawsuit against the co-chairs of the state Board of Elections was dismissed Wednesday by acting state Supreme Court Justice Richard Platkin, who ruled it was without legal merit and was filed outside of the statute of limitations.
But Snyder said he’ll appeal Platkin’s decision on procedural grounds. Platkin dismissed a claim that the Board of Elections violated the Open Meetings Law despite the board not formally filing a motion to dismiss, according to Snyder. (In a footnote to his decision, Platkin noted the issue was discussed in the board’s written filings with the court and was argued extensively in court.)
“I was shocked that the judge dismissed the claim that the (Board of Elections) meeting was in secret when that claim wasn’t even in front of him,” Snyder said. “The board didn’t move to even dismiss that claim. So I’m going to seek an immediate appeal on that issue alone.”
Snyder’s Open Meetings Law claim—he accused the board of violating the law by not being open on what it was voting on when it certified the ballot language—was the subject of debate during a hearing on the lawsuit in state Supreme Court in Albany County on Friday.
The claim was filed as part of an amended petition Snyder filed after his initial lawsuit was served in early October. The Board of Elections essentially argued that the amendment wasn’t properly served on the co-chairs, arguing in court that it shouldn’t be recognized by the judge.
In his decision Wednesday, Platkin said the Open Meetings Law was not violated, pointing to “documentary evidence” in a webcast and transcript of the meeting that shows the language was voted on in public. Snyder claims the language should have been read aloud on the webcast.