Even though numerous lower courts have upheld the Payroll Mobility and even after New York State’s Appellate Division judges overturned the lone Supreme Court case that didn’t find the tax constitutional, Nassau County isn’t giving up. The Long Island plaintiffs will appeal this week’s decision to the Court of Appeals, the highest state court in New York’s judiciary system, Newsday reported today.
Details on the appeal as scarce for now, but it seems that Nassau County Executive Edward Mangano is content to spend more taxpayer dollars pursuing a lawsuit he has no chance of winning. Meanwhile, those from north of the city are still bemoaning the tax as well. “Dutchess County can’t afford this tax. It’s bad for the economy, whether it’s constitutional or not,” Assembly rep Kieran Lalor from Fishkill said. (This isn’t the first time Lalor has slammed the tax.)
Ultimately, though, this tax isn’t any more of a job-killer than completely defunding the MTA to the tune of $1.3 billion annually would be. The regional economy would simply dry up without this subsidy. The tax is constitutional, and it will remain on the books. If Lalor and his ilk dislike it, it’s up to them and other state representatives to find a better solution that they feel is more equitable than a payroll tax.