Supervisor Lesko Announces Brookhaven Files Lawsuit In Response to State Mandated Payroll Tax

Supervisor Mark Lesko announced this week that the Town of Brookhaven has filed a lawsuit in New York State Supreme Court in response to the proposed MTA payroll tax. The lawsuit, filed on June 14 names as defendants the State of New York and the Metropolitan Transit Authority.

According to the suit, the Town "challenges the constitutionality and legality" of the MTA Employer Payroll Tax "which impinges upon the Home Rule Powers of local municipalities to enact this tax," Lesko's office said in a statement.

It also cites the failure of the tax to be passed by a two-thirds vote of each house of the State Legislature. In addition, the State must guarantee of the debts of a public authority and the lawsuit states that the tax violates the MTA's legal requirement to be self-sustaining.

In making the announcement, Lesko said, "This lawsuit is about defending the people of the Town of Brookhaven against and unfair tax. Local businesses, schools, and Town taxpayers should not be forced to support a mismanaged and dysfunctional system based largely in New York City."

The Town's lawsuit follows lawsuits filed by the Towns of Huntington and Southampton. It is expected that more Long Island towns will be filing soon.

"I was at the hearing and the press conferences with my colleagues from all parties who stand in opposition of this State mandate," said Deputy Supervisor and Councilwoman Kathleen Walsh, in a statement. "We in Brookhaven are done supplementing agencies that do not manage their money. Together, governing bodies across Long Island are sending a strong message that it will no longer be tolerated."

"I am in full support of the Town's decision to file the lawsuit," added Councilman Tim Mazzei. "We cannot allow the State to take any more money out of our pockets to help balance the budget for transportation system that they cannot control themselves."