CCH&O was back in court this morning before Judge Marano. The Judge adjourned the matter to February 22, 2017 for oral argument. As a result of the adjournment, the TRO will still be in place until a decision is made by the Court.
Yesterday, Nassau County Supreme Court Justice Thomas Adams signed our Temporary Restraining Order preventing the County from enforcing “monetary penalties and tax liens in any manner whatsoever” pursuant to Nassau County’s ASIE law. This is the 3rd TRO that we have successfully obtained against the County in our pursuit for justice on the County’s egregious ASIE penalties.
We are back in Court on February 8, 2016 for oral argument on the constitutionality on the implementation and enforcement of the ASIE.
Nassau lawmakers learned Monday that a state court judge has continued a temporary restraining order that bars the county from collecting fines — possibly for years — based on a 2013 law requiring commercial properties to pay hefty penalties if they do not provide timely information to the county assessor about their income and expenses.
The decision creates a $15.8 million hole in this year’s budget and will make it even more difficult for county Executive Edward Mangano to balance next year’s projected budget, which is supposed to be submitted to the legislature Thursday.
As of June 2015, the district had eight reserve funds with a total balance of $17.6 million, according to ABLI’s complaint filed in state Supreme Court.
The suit seeks class-action status and to prevent school districts from overestimating budget needs, Harris told The Point. Property taxes alone are responsible for costs of $20 per square foot in East Meadow’s commercial spaces. ABLI members can’t attract or retain businesses at those prices, Harris said.
The suit says, the workers’ compensation reserve fund is $2.8 million and the unemployment insurance reserve totals $1.3 million. Over the last three years, the average annual payouts from these funds were $425,660 and $50,226, respectively.
New York State tax law limits the amount of unexpended surplus funds a school district can retain to no more than 4 percent of the next year’s budget appropriations. ABLI’s suit claims East Meadow’s unrestricted fund balance has been running about 5 or 6 percent for several years.
It would have to be a very rainy day to soak up all that extra money.
See original Newsday post.