The New York State Court of Appeals has upheld yet another appeal of the MTA Payroll Mobility Tax, delivering another blow to Nassau County Executive Ed Mangano’s never-ending attempts to starve transit. Despite Mangano’s second such loss and a dismissal by the court that effectively means no constitutional question was directly implicated by the case, the Tea Party-backed Nassau County official, will continue to spend taxpayer dollars on another avenue of appeal.
Yancey Roy of Newsday broke the news:
New York’s top court threw out a lawsuit Thursday seeking to overturn the controversial MTA payroll tax on constitutional grounds. But Nassau County Executive Edward Mangano, who filed the suit, still has 30 days to appeal on other grounds.
The state Court of Appeals dismissed Mangano’s lawsuit without comment, upholding a mid-level court ruling that the tax, paid by employers in the 12-country region served by the Metropolitan Transportation Authority, is constitutional…
Court spokesman Gary Spencer said Mangano has 30 days to file a motion asking the court’s permission to argue the case. Nassau County attorney John Ciampoli said Mangano definitely will appeal. Ciampoli said the payroll tax was “fundamentally defective in how it was adopted” by the state Legislature.
At this point, Mangano is barking up the wrong tree. He’s not going to get the tax overturned, and his efforts to continue this lawsuit are bordering on laughable. If he loses his reelection bid this November, I’d expect Tom Suozzi would drop the appeal. Polling, however, is very close for this race.
More telling, though, is this comment on the Newsday article. “This tax is a hideous intrusion on the rights of Long Islanders who do not use the MTA,” one commenter said. If that’s not a telling glimpse into the provincial and siloed viewpoints of Nassau County residents who look down upon transit without realizing its true impact, I don’t know what is.