(M. Codispoti) Clockwise: Gene Russianoff, Sen. Eric Schniederman, Anthony A. LoPresti, Thomas D. Shanahan, NYS Comptroller Alan G. Hevesi

2003

Straphangers Campaign vs. Metropolitan Transportation Authority (MTA) ("fare hike case").

Anthony A. LoPresti has appeared for the firm as Co-Counsel in the New York Public Interest Research Group (NYPIRG) Straphangers Campaign, Inc. challenge to the fare increase approved by the MTA. On March 6, 2003, the Board of Directors of the MTA voted to approve a fare hike from $1.50 to $2.00 for riders of New York City Transit buses and subways. The fare hike approved by the MTA Board is the largest single monetary increase in the City's subway and bus history.

Based upon reports by New York State Comptroller Alan G. Hevesi and New York City Comptroller William C. Thompson, Jr., Petitioners brought an Article 78 proceeding against the MTA before Judge Louis York, New York Supreme Court. Petitioners sought, among other things, new public hearings on the increases and a roll back of the fare.

By Decision dated May 14, 2003, Judge York ruled in favor of Petitioners and held that:

"The Court concludes that the Board's March 6, 2003 determination should be vacated because the determination was reached in violation of lawful procedure and not rationally based. As a result, the May 2003 fare increases implemented pursuant to the Board's March 6 determination will be rolled back to the date of the increase. In order to allow appellees to implement the changes efficiently, the Court will allow them two weeks to roll back the fares.

Accordingly, it is ORDERED and ADJUDGED that the petition is granted to the extent that it relates to Metropolitan Transit Authority a/k/a MTA, MTA New York City Transit, Long Island Railroad, Metro-North Railroad, Staten Island Rapid Transit Operating Authority and Long Island Bus Company, and that is seeks a declaration as to the Notice and subsequent vote relating to these respondents; and, it is further ORDERED and ADJUDGED that the Notice is declared to be invalid, and the portions of the March 6 vote enacting the subway, bus and commuter transit fares hikes involving the respondents listed above and directing the closing of 62 token booths is vacated, and the fares shall all be rolled back to their prior levels by May 28, 2003; and it is further ORDERED that the matter is remanded to the MTA to undertake all necessary procedures, including new hearings, consistent with the Court's determination."

The MTA immediately appealed the ruling; oral argument was held June 10, 2003.

*** By Decision dated July 15, 2003, the Appellate Division, First Department reversed the Lower Court's ruling *** (see link to Decision, below: