It may be several months before a state appeals court...

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) Credit: Newsday / Thomas A. Ferrara

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 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.

How Theresa Vazquez wound up injured on the parking lot pavement on her way to play bingo is at the center of a dispute. NewsdayTV's Shari Einhorn has more.  Credit: Newsday Staff; Gucciardo Law Firm

'It's so obvious on the tape' How Theresa Vazquez wound up injured on the parking lot pavement on her way to play bingo is at the center of a dispute. NewsdayTV's Shari Einhorn has more.

How Theresa Vazquez wound up injured on the parking lot pavement on her way to play bingo is at the center of a dispute. NewsdayTV's Shari Einhorn has more.  Credit: Newsday Staff; Gucciardo Law Firm

'It's so obvious on the tape' How Theresa Vazquez wound up injured on the parking lot pavement on her way to play bingo is at the center of a dispute. NewsdayTV's Shari Einhorn has more.

SUBSCRIBE

Unlimited Digital AccessOnly 25¢for 6 months

ACT NOWSALE ENDS SOON | CANCEL ANYTIME