Judge Recusal Revives Fight Over Steve Cohen’s $8.1B New York Casino Project
The legal battle over the decision to approve the Metropolitan Park casino bid has entered a new chapter after a judicial change-up.
Metropolitan Park was one of three bids ultimately selected by the New York State Gaming Commission, led by billionaire and New York Mets owner Steve Cohen and operating partner Hard Rock International. By the end of the lengthy process, only three bidders remained. That was equal to the maximum number of licenses allowable under the state’s casino expansion law. However, the Commission was not obligated to select exactly three bids and could have approved a smaller number.
A group of five Queens residents representing themselves filed a lawsuit on March 20 against the Commission. They are seeking to revoke the license and block any further construction at the proposed site adjacent to Citi Field in Flushing.
The case took a turn when the presiding judge, Hon. Nicholas W. Moyne, filed a recusal on April 2, citing a “tangential social relationship” with “a respondent” in the case. Judges often declare this type of information to avoid any perception of bias. In most cases, a tangential relationship doesn’t require recusal.
Moyne noted in his recusal filing that the relationship wouldn’t impact his impartiality, but it could potentially look that way, so he chose to step aside.
This was notable as Moyne had already dismissed the lawsuit in March, ruling that the New York Court wasn’t the correct venue for the proceeding. Following his recusal, the court assigned Hon. Matthew V. Grieco to the case, reviving the legal challenge.
A New Filing
According to QNS reporting, the petitioners are now requesting an updated motion to argue for submission to Grieco. The five residents, who are members of the Queens Anti-Casino Coalition, still face a big uphill battle, but they aren’t shy about vocalizing their concerns.
Petitioner Bernadette McCrann said in a press interview on April 1 outside the New York County Courthouse that the lawsuit aims to give a voice to positions she believes were intentionally marginalized during the licensing process.
The Allegations at the Heart of the Case
The lawsuit raises several claims against the NYSGC. The petitioners allege that the gaming commission relied on a recommendation from the Community Advisory Committee (CAC) that didn’t comply with the open meetings law.
They also claim that the public hearings for the CAC used biased procedures that denied opponents a fair and equal opportunity to address the committee.
This was demonstrated by the fact that the second public meeting ended an hour early after hostile chanting began against the CAC and New York State Assemblywoman Larinda Hooks, who chaired the meeting.
The lawsuit also questions the Commission’s assessment of the applicant’s character. The petitioners noted that Steve Cohen’s former hedge fund, SAC Capital Advisors, pleaded guilty in 2014 to insider trading charges and paid a $1.8 billion fine.
They claim that this contrasts with the state’s gaming law, which requires any individuals either directly or indirectly involved in a project to have integrity, honesty, and a good reputation.
The plaintiffs also pointed to reports that Hard Rock International fired an executive in 2025 after an internal investigation into money laundering allegations. The plaintiffs believe that both issues need deeper investigation before granting a license.
The odds of success in the licensing process looked quite long at one stage, after Queens Senator Jessica Ramos managed to veto a land rezoning change necessary to permit the casino’s construction. Eventually, Cohen and his team found a workaround.
The New York Casino Race
The Metropolitan Park lawsuit wasn’t the only point of controversy during the licensing process. From the very beginning, the process sparked contention and competition, attracting billions in proposed investment and fierce community opposition in several boroughs.
All three licenses ultimately went to projects outside Manhattan. Among those that failed to advance were a casino at the iconic Saks Fifth Avenue and a Times Square bid involving Jay-Z.
The existing slot parlor, Resorts World New York City, received one of the licenses. It plans to open its full-scale facility in 2026. Bally’s won the other license and plans to develop the casino on the site of the former Trump Golf Links in the Bronx. The then-Mayor Eric Adams kept this project alive by vetoing a City Council rejection of key land use changes.
Preparations are already underway at Metropolitan Park’s construction site. That’s why the petitioners’ pursuit of a temporary restraining order carries extra urgency. The case will now move forward under Judge Grieco, with the opposition’s revised motion to reargue expected as the next significant development. Whether Grieco proves more receptive than his predecessor remains to be seen.
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