On Wednesday, a state Supreme Court judge ruled the Payroll Mobility Tax unconstitutional, saying that because the “budgetary crisis of the MTA is not a substantial state concern,” the law required a home rule message from the affected counties. Now, the MTA says it will appeal directly to New York’s top court.

New York’s courts allow cases dealing with constitutional issues to bypass intermediate levels of appellate review and instead petition the Court of Appeals directly. Although the top court can decline to hear the case, it is expected to accept the petition for direct review.