Eric Snyder, the Brooklyn-based attorney whose lawsuit challenging the wording of the casino amendment was tossed by a state judge today plans to file an emergency appeal with the state Appellate Division.

Snyder in a phone interview with Capital Tonight said Judge Richard Platkin’s decision to dismiss his lawsuit wrongly argued his claim the Board of Elections met secretly approve the amendment language — a claim BOE officials didn’t seek to dismiss.

“I’m shocked that the court would dismiss the claim that the vote was in secret when the Board of Elections didn’t even seek dismissal of the claim,” Snyder said. “So I’m going to immediately seek emergency relief from the Appellate Court on that issue. I think the Board of Elections is ignoring the attorney general’s recommendation for a neutrally worded amendment… and the language was not changed in an open meeting as required by law.”

At the same time, the judge ruled the timing of the suit was off, considering it was filed after the statute of limitations had expired (the BOE didn’t post the updated language until after the time to file a legal claim had run out).

“Transparency and proper notice are fundamental rights in this country and that includes New York,” Snyder said.

At the heart of the challenge is what opponents believe is overly rosy wording of the casino amendment, which if approved would pave the way for four non-American Indian commercial casinos in the first phase of construction.

The amendment includes the perceived benefits of casino gambling, such as more aid for schools and help with local governments paying down property taxes.

Opponents argue the language tilts the vote in favor of approval, though Platkin says the Board of Elections is under no legal requirement to produce langauge one way or the other.

Time is working against any appeal, however, given that ballots have already been printed.

“The Appellate Division I believe hears emergency appeals on election law issues when necessary and hopefully they’ll do that here,” Snyder said. “That’s all I can ask them to do.”