Islandia officials said Friday that they plan to appeal a state Supreme Court justice’s ruling that the village acted improperly when it granted a permit for the Suffolk OTB video-lottery casino at Jake’s 58 hotel.
Village Attorney Joseph W. Prokup said in an email that officials believed they did nothing wrong last year when they approved the 1,000-terminal casino as an “accessory use” at the hotel, on the North Service Road of the Long Island Expressway.
“The village used all proper procedures in approving Delaware North’s application for an electronic gaming facility,” Prokup said, referring to the casino’s Buffalo-based operator. “It is confident its position will prevail upon appeal.”
Opponents of the casino had sued the village last year over the permit and other issues.
State Supreme Court Justice William G. Ford, in a decision dated Sept. 8, said the permit should not have been granted because village and Delaware North officials had failed to show that a casino is “customarily incidental” to the operation of a hotel.
He said “no such finding is possible” because no other Long Island hotels have casinos.
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