MTA Wants to Take Payroll Tax Ruling Straight to State’s Top Court

On Wednesday, a state Supreme Court judge ruled the Payroll Mobility Tax unconstitutional, saying that because the “budgetary crisis of the MTA is not a substantial state concern,” the law required a home rule message from the affected counties. Now, the MTA says it will appeal directly to New York’s top court.

New York’s courts allow cases dealing with constitutional issues to bypass intermediate levels of appellate review and instead petition the Court of Appeals directly. Although the top court can decline to hear the case, it is expected to accept the petition for direct review.

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The MTA Payroll Tax Ruling: What’s Next?

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Saying that the “budgetary crisis of the MTA is not a substantial state concern,” a state Supreme Court judge ruled yesterday that the MTA Payroll Mobility Tax is unconstitutional. Although taxes will continue to be collected as the MTA appeals the case to a higher court, yesterday’s decision puts $1.5 billion, or approximately 12 percent of the MTA’s annual […]

State Judge Rules MTA Payroll Tax Unconstitutional

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Well, this is just crazy. A State Supreme Court judge has ruled that the MTA payroll mobility tax, which collects more than a billion dollars a year to keep the NYC region’s transit system running, was enacted in a way that violated the state constitution. The payroll tax was passed in 2009 to avert devastating […]

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The owner of five Queens cut-rate parking facilities will have to pay property taxes, the state’s top court has ruled. The New York State Court of Appeals upheld the city’s decision to take back a tax exemption it had previously granted the politically-connected non-profit that operates 2,000 parking spaces in downtown Jamaica. Over the course of a decade starting in 1996, Jamaica […]

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