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.

ALSO ON STREETSBLOG

The MTA Payroll Tax Ruling: What’s Next?

|
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

|
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 […]

Cuomo’s MTA Commission Declines to Endorse New Funding Source

|
If you were hoping the release of the MTA Reinvention Commission report would be the moment when Governor Andrew Cuomo comes to his senses and makes an aggressive push to fund the region’s transit system by fixing its dysfunctional tolling structure, don’t hold your breath. Yesterday, Dana Rubinstein at Capital New York published a draft […]