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KESSLER v. HEVESI

45 A.D.3d 474 (2007)

846 N.Y.S.2d 56

SETH M. KESSLER et al., Appellants, v. ALAN G. HEVESI, as New York State Comptroller, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 27, 2007.

We reject plaintiffs' argument that the monthly surcharge on wireless telephones for, inter alia, enhanced 911 services is a taking because it is a user fee rather than a general tax, and because the State has not used the revenue effectively to implement enhanced 911 services. County Law § 309 requires that users pay a charge to the State for public safety services that are provided for the common good (see Transportation Unlimited Car Serv., Inc. v New York City...

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