MTA Payroll Tax Case To Be Held In Nassau

The MTA Payroll Tax is one that has many detractors across the region, especially out here on Long Island where both counties joined others in a lawsuit to question the tax’s legality.

In what makes for an interesting turn before the case even begins is the ruling by an appellate division judge that the case remain being held in Nassau County. John Callegari of Long Island Business News has more:

A lawsuit challenging the legality of the MTA Payroll Tax will be heard in Nassau County, not Albany, the courts have ruled.

The lawsuit, filed by Nassau County, in conjunction with Suffolk and Westchester counties and various towns and villages, challenges the constitutionality of the MTA Payroll Tax, which taxes businesses in the New York metropolitan area for each employee on their payroll in order to supplement the Metropolitan Transit Authority. When the lawsuit was first filed in the Nassau, the New York State Attorney General’s office moved to change the venue to Albany, while Nassau County cross-moved to retain the venue on Long Island.

On Thursday, an appellate division judge denied the attorney general’s office’s motion and declared the lawsuit would proceed in Nassau.

Nassau County Attorney John Ciampoli said he will now be requesting the court for a conference date to get the suit underway.

However, a spokesperson for Attorney General Eric Schneiderman’s office said the ruling at the appellate division did nothing to prevent the action from being held in Albany. Instead, the ruling simply denied any action that would come out of a trial in Nassau County from moving forward until it was decided what was the proper venue.

Click here for the complete report.

This is an interesting decision to continue holding the trial in Nassau County. I would be concerned about potential bias since the county is one of the leaders & most vocal critics of the tax. Wouldn’t it be fair to have this case in a neutral territory? I sure think so & won’t be surprised to see it moved to one soon.

xoxo Transit Blogger

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