State and local officials from across Nassau and Suffolk counties involved in the lawsuit against the MTA payroll tax are urging the state not to allow an appeal following a judge’s ruling that declared the tax unconstitutional.
The ruling by Justice Bruce Cozzens, Jr. was handed down on a lawsuit first brought in 2010 by Nassau and Suffolk Counties as well as numerous villages, including New Hyde Park, Mineola, Valley Stream and Locust Valley. They argued that the tax which charged employers 34 cents for every $100 of payroll was unconstitutional based on the fact that it did not benefit the entire state, and either did not pass both houses of the state legislature with a two-thirds majority vote nor adhere to the “home rule” clause from the local municipalities.
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