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Before City Hall lawyers can depose state ?police about leaking criminal investigation documents to a casino magnate’s private detectives, they must first wait to see whether a judge will dismiss their lawsuit against the state’s Gaming Commission, a judge has ruled.

The city is suing the Gaming Commission in ?order to be named as a ?host community to Wynn Resorts’ proposed casino in Everett.

A Suffolk Superior Court judge ruled yesterday with the state’s lawyers that ?before the depositions take place, their motion to dismiss the suit should be heard and decided.

The city and Gaming Commission both declined to comment.

Earlier this week, the city issued subpoeanas to eight current and former state police, alleging troopers assigned to an investigation of Charles Lightbody gave former troopers now working as private detectives for Wynn information about the investigation in the “wire-tap room” at the attorney general’s ?office. Lightbody, a convicted felon with mob ties, sold Wynn Resorts land it is planning to use as a ?casino in Everett.

“Given the potential dire?consequences of Wynn’s ?alleged actions, one would expect that an independent regulator, tasked with?preserving … the integrity?of the gaming licensing process, would join the City’s efforts to discover the truth,” the city wrote in its motion opposing any delay in gathering the evidence through depositions.

“Instead, the (Gaming Commission) has filed a frantic, emergency motion to prevent the City from obtaining sworn testimony,” the city wrote.