In response to a Sept. 8 Suffolk County Supreme Court justice’s ruling that the Islandia Village Board erred in awarding a special permit for Delaware North Companies to operate a casino in the former Islandia Marriott Long Island hotel, village officials reportedly said Friday that they plan to appeal.

Newsday reports that in an email, Islandia Village Attorney Joseph W. Prokup said that officials believe that in approving the Suffolk OTB video-lottery casino as an “accessory use” at the hotel, they did nothing wrong.

In reference to the Buffalo-based operator of the slots-only casino, Prokup reportedly said, “The village used all proper procedures in approving Delaware North’s application for an electronic gaming facility.” And, “It is confident its position will prevail upon appeal,” according to Newsday.

The village was sued last year over the permit and various other issues by opponents of the casino.

The Sept. 8th decision by State Supreme Court Justice William G. Ford, reportedly stated that the permit for the former Islandia Marriott Long Island hotel that was renamed to Jake’s 58 Hotel & Casino after the casino license was awarded, should not have been granted because both the village and Delaware North officials failed to show that a casino is “customarily incidental” to a hotel operation.

Justice Ford said that because there are no casinos in any other Long Island hotels, “no such finding is possible.”

The casino located on the Long Island Expressway north service road remains open for business pending the appeal by the Islandia village. An October 5 conference with opponents of the casino and lawyers for the village was scheduled by Justice Ford.

Newsday reports that Delaware North officials said in a statement on Friday that they were “confident the matter will be resolved in the long term. In the meantime, the gaming venue is allowed to operate and will continue to do so as it has with great success since February.”

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