Senator Andrew Lanza (R,C,I-Staten Island) and Assemblywoman Nicole Malliotakis (R,C-East Shore) have reached their breaking point with regard to the Port Authority’s unwillingness to release the results of the study it conducted on the economic impact of the 2011 toll increases on the New York Container Terminal. Upon being denied a request to obtain the results of the Port Authority-New York Container Terminal economic impact study, Assemblywoman Malliotakis is planning to move forward with an Article 78 proceeding and has enlisted the support of Senator Lanza. Per the Port Authority’s Freedom of Information Code, “Any person who is denied access to a record, in whole or in part, may seek judicial recourse as may be available in either the State of New York or New Jersey”. In New York, the decision of a public agency can be appealed under Article 78 of the New York Civil Practice Laws and Rules.
“The Port Authority’s mixed messages about when the economic impact study will be released have been extremely taxing, not only on Staten Island’s economy, but Staten Islanders themselves. It’s become increasingly apparent that the Port Authority is unwilling to be forthright with regard to just how much damage their toll increases have inflicted,” said Malliotakis. “The study was jointly financed by the toll payers and New York Container Terminal, the primary victims of these toll hikes; and for the Port Authority to continue its game of keep-away is maddening. With New York Container Terminal now at a 57 percent loss in business, it cannot be denied that the Port Authority’s time has run out.”
“I support Assemblywoman Malliotakis’ efforts seeking disclosure of the report,” said Senator Andrew Lanza. “The results of the report ultimately belong to the people of New York and not the Port Authority.”
In addition to participating in numerous rallies and protests calling for toll relief, Assemblywoman Malliotakis, jointly with Congressman Michael Grimm, filed an amicus brief in support of AAA’s lawsuit to repeal the toll hikes, which is currently under consideration by the U.S. District Court for the Southern District of New York.