High court sends MTA appeal to midlevel venue

It may be several months before a state It may be several months before a state appeals court decides whether the controversial MTA payroll tax stays or goes, but business owners still have to act fast if they eventually want to get back all the money they've paid toward the tax, officials said. This is a train in the LIRR station in Huntington. (July 25, 2012) Photo Credit: Newsday / Thomas A. Ferrara

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In a minor ruling, New York's highest court Thursday sent the lawsuit over the legality of the controversial MTA payroll tax to a midlevel court.

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The case centers on a claim by Nassau County Executive Edward Mangano that the law creating the tax -- paid by employers in the 12 counties served by the Metropolitan Transportation Authority -- was legally defective.

A trial court ruled in Mangano's favor. The MTA then asked to take the case directly to the Court of Appeals, the state's highest legal venue. Instead, the Court of Appeals said it must first go to the Appellate Division.

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