High court sends MTA appeal to mid-level venue

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Nassau County Executive Edward Mangano looks over his

Nassau County Executive Edward Mangano looks over his proposed 2013 county budget in his office in Mineola. (Sept. 18, 2012) Photo Credit: Howard Schnapp

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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.

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

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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 on Thursday said the case must first go to the Appellate Division, the state’s midlevel appeals court.

Photo: Nassau County Excutive Edward Mangano


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