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