NY Const. Art. 1, Sec. 3 is alien to all the lawyers in New York State? Nassau OTB workers should have the choice of whether to work or bet 365 days of the year while they still can. Remember the dearly departed? NYC OTB and the bankrupt politicians of Suffolk OTB. Working and betting for people that are not politicians?
NY PML Sec 105 and Sec. 109 do not apply to Nassau OTB and are UNCONSTITUTIONAL.
LAWYERS ARE LIFELESS?
State set to appeal MTA payroll tax ruling
Nassau sues MTA over payroll tax Galleries
LIRR trains and commuters through the years 
Out-of-service escalators at LIRR stations 
Edward Mangano Web links
Map: Long Island traffic and transit "The state is going to appeal," a source close to the case, who asked to remain anonymous because the state hasn't decided in what court venue to pursue the case, said Friday.
The case centers on a claim filed by numerous local officials, including from Nassau and Suffolk counties, that the MTA payroll tax -- paid by businesses in the 12-county area served by the Metropolitan Transportation Authority -- was unconstitutional because the state needed home rule messages from municipalities or a two-thirds vote in both houses of the State Legislature, neither of which occurred.
This week, a state Supreme Court judge agreed with the officials. On Thursday, the county executive joined with other Republicans to applaud the ruling and ask the state not to appeal it.
The lawsuit named the MTA, the governor's office, the state Legislature and other state offices, represented by the state attorney general's office. The parties together will appeal the case, the source said.
MTA officials have vowed to vigorously fight the court ruling. "We are diligently pursuing an appeal and we certainly expect this erroneous ruling will be overturned," MTA spokesman Adam Lisberg said Friday.
"I urge the state to not waste money on appeals," Nassau County Executive Edward Mangano replied in an email Friday. "Instead, the state should embrace this historic tax relief and focus its efforts on finding efficiencies within the MTA."
MTA Chairman Joseph Lhota noted that the tax and related motor-vehicle fees generate about $1.8 billion annually -- about 15 percent of its budget. Gov. Andrew M. Cuomo, who appointed Lhota, said he believed the court's decision was wrong and predicted it would be reversed.
The MTA and state officials could ask the Appellate Division, the state's mid-level court, to hear the case. Or they could directly apply to the Court of Appeals, New York's highest court, because the case involves constitutional issues.
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