MASSAPEQUA - An appellate court has ruled the controversial MTA payroll tax is constitutional.

The transit authority had been taxing businesses and municipalities in the city and on Long Island since 2009. In 2012, it was ruled unconstitutional, but the MTA filed an appeal.

As of last year, only businesses with payrolls above $1.7 million have to pay the tax. But Long Island small business owners say they still feel the pinch.

Some Long Islanders say the MTA needs a fairer way of coming up with the funds.