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.

When Gov. Andrew Cuomo nominated Joe Lhota to head up the MTA, transit advocates were surprised. Lhota was a behind-the-scenes numbers guy for Mayor Rudy Giuliani and an executive with Cablevision and Madison Square Garden with no real transportation experience to speak of. Yet in his brief tenure as MTA Chair and CEO, he become a vocal advocate for transit in New York City, conversant in the ins and outs of the MTA’s daily operations and its complex budget and a staunch supporter of its post-Sandy recovery efforts. I thought he could have been a very effective MTA head had he stayed, but the press coverage from the storm had him dreaming of Gracie Mansion.
Over the past few months, as I’ve looked on with growing dismay at the field of mayoral candidates, readers have repeatedly asked if I planned on endorsing any of the candidates. It’s easier to assess why these mayoral hopefuls don’t deserve a vote than it is to explain why they do, but I’m going to endorse a pair of candidates today anyway based solely on their transit/transportation platforms. Despite some strong transit arguments in favor of some down-ballot Democratic candidates, Bill de Blasio gets my support in his primary, and in a thin GOP field, Joe Lhota should be the voters’ choice.