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A judge tosses out a lawsuit challenging the language of Gov. Cuomo's casino referendum - which voters will decide next month.

The suit, filed by a Brooklyn attorney, claimed the ballot language was biased in favor of approval. It had been reworded by the Cuomo administration to promise benefits without mentioning any potential downside to casinos, including problem gambling and crime.

The judge did not rule on the merits of the argument, but dismissed the suit because it was filed too late. No word on a possible appeal.