(The following article by Joshua Robin was posted on Newsday’s website on May 1.)
NEW YORK — A state judge could rule as early as Friday on whether to temporarily block mass transit fare hikes, while awaiting a full hearing on the issue next week.
State Supreme Court Justice Louis York of Manhattan delayed a request for a temporary restraining order Thursday, saying he needed to examine whether the Straphangers Campaign has the right to sue over the fare hikes.
The Straphangers are arguing that the increases should be blocked because the 10 public hearings the Metropolitan Transportation Authority held earlier this year were a sham.
Attorneys for the Straphangers said they were not disappointed by the judge’s decision, even though they hoped York would have ruled Thursday, the same day that fares on the Long Island Rail Road jumped an average of 25 percent.
“It’s just a matter of the speed,” said attorney Eric Schneiderman, who also is a Democratic state senator from the Upper West Side.
Florence Dean, an attorney for New York City Transit, said if York orders the MTA to delay Sunday’s subway and bus fare hike, there would be “chaos and confusion” as workers scrambled to undue seven weeks of preparation for the hike.
“Service is obviously going to be affected,” she said, adding the MTA would lose about $1.2 million a day in anticipated revenue.
During the 2?-hour hearing, Schneiderman argued that riders were defrauded of their right to a public hearing because the agency provided inaccurate financial information.
“This is the worst kind of false and misleading conduct one can imagine from a public authority,” Schneiderman said.
He said if allowed to call witnesses, he would ask state Comptroller Alan Hevesi to testify. Last week, Hevesi released a report that accused the MTA of keeping two sets of books — one for the public and one for the agency.
Hevesi and City Comptroller William Thompson Jr., who issued a similar report, said Thursday that they would gladly testify. Hevesi’s report prompted the lawsuit, Schneiderman said.
It also prompted Standard & Poor to express concern Thursday about how the MTA handles its finances, though S&P did not lower the agency’s bond rating.
During Thursday’s hearing, York asked pointed questions of both parties. He began the hearing by telling lawyers he is acquainted with Schneiderman socially, but does not consider himself close. He seemed sympathetic to added costs riders could face, but also to the unpleasant possibility that the MTA could be forced to retrofit hundreds of turnstiles.
York said he could not rule Thursday because the Straphangers did not provide enough evidence that it had standing to represent riders. He also demanded more proof that riders would be irreparably harmed by the hike.
“As a matter of reality, there are easily people out there who will probably be harmed by this,” York said of the hike. “I want to ensure that on technical matters it’s covered by the proceedings.”