MTA

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.

By Stephen Miller

11:16 AM EDT on August 24, 2012

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.

Stephen Miller

In spring 2017, Stephen wrote for Streetsblog USA, covering the livable streets movement and transportation policy developments around the nation. From August 2012 to October 2015, he was a reporter for Streetsblog NYC, covering livable streets and transportation issues in the city and the region. After joining Streetsblog, he covered the tail end of the Bloomberg administration and the launch of Citi Bike. Since then, he covered mayoral elections, the de Blasio administration's ongoing Vision Zero campaign, and New York City's ever-evolving street safety and livable streets movements.