ALBANY, N.Y. (AP) – The state Board of Elections blames "logistics" and an employee who was out sick for not posting the much criticized rewording of New York's casino referendum on its website until after the deadline to challenge it.

The state is asking a judge to dismiss a lawsuit, arguing it was filed too late.

Acting Supreme Court Justice Richard Platkin held an extensive hearing Friday. His decision could derail the referendum. Critics say the proposition loads the dice in favor of a ``yes'' vote on Gov. Andrew Cuomo's proposal by mentioning only anticipated benefits and ignoring the downside of gambling.

Brooklyn lawyer Eric Snyder argued the board misused taxpayers' dollars to illegally advocate for the referendum. Polls show New Yorkers are split on casino expansion.

Platkin didn't say when he'd rule.