A state appellate court has overturned a 2012 ruling from a Nassau County judge that found a tax to fund the Metropolitan Transportation Authority to be unconstitutional.
The Metropolitan Commuter Transportation Mobility Tax is charged to small businesses in Nassau, Suffolk and all counties that are served by the MTA. It brings in more than $1 billion for the authority annually.
Nassau and Suffolk were among the plaintiffs who argued that the state Legislature had no right to pass the tax in 2009 during an MTA financial crunch, saying that the funds collected do not benefit the entire state, and it therefore was not a state issue.
The four-judge panel ruled that funding of mass transit services is “essential to meeting the basic mobility and economic needs of the citizens of the ... state and the region.”
In response, Nassau County Executive Edward Mangano vowed to go to the New York State Court of Appeals.
“The tax is overburdensome, unfair and we will appeal the ruling,” he said.