New York Railroad Law
Alteration or Rehabilitation of Existing Crossing
The mayor or city manager and common council of any city, the president or mayor and trustees of any village, the town board of any town, the board of supervisors or county executive and the county legislature of any county having jurisdiction over street, avenue, highway or road which crosses or is crossed by a surface railroad at grade, below grade or above grade by structures heretofore constructed, or any surface railroad corporation whose railroad crosses or is crossed by a street, avenue, highway or road at grade, below or above grade, may bring their petition in writing to the commissioner of transportation, therein alleging that public interest requires rehabilitation, an alteration in the manner of such crossing, its approaches, the method of crossing, the location of the crossing, a change in the existing structure by which such crossing is made, the closing and discontinuance of a crossing and the diversion of the travel thereon to another street, avenue, highway road or crossing, or if not practicable to change such crossing from grade, below grade or above grade or to close or discontinue the same, the opening of an additional crossing for the partial diversion of travel from the grade, below grade or above grade crossing and praying that the same may be ordered. Upon any such petition being brought the commissioner of transportation shall appoint a time and place for hearing the petition, and shall give such notice thereof as he shall judge reasonable, of not less than ten days, however, to such petitioner, the railroad corporation, the municipality in which such crossing is situated, and if such crossing is in whole or in part in an incorporated village having not to exceed twelve hundred inhabitants, also to the supervisor or supervisors of the town or towns in which such crossing is situated, and in all cases to the owners of the lands adjoining such crossing and adjoining that part of the street, avenue, highway or road to be changed in grade or location or to be discontinued, or the land to be opened for a new crossing and to such other parties deemed by him to be interested in the proceeding. The commissioner of transportation shall give public notice of said hearing; and upon such notice and after a hearing or hearings the commissioner of transportation shall determine what alterations or changes, if any, shall be made. The decision of the commissioner of transportation rendered in any proceeding under this section shall be communicated, after final hearing, to the petitioner, the railroad corporation, the municipal corporation and all other parties who appeared at said hearing by counsel or in person. Any person aggrieved by such decision, or by a decision made pursuant to sections eighty-nine and ninety, and who was a party to said proceeding, may within sixty days appeal therefrom to the appellate division of the supreme court in the department in which such crossing is situated, and to the court of appeals, in the same manner and with like effect as is provided in the case of appeals from an order of the supreme court. This section shall not apply to a state highway or any other highway upon which the commissioner of transportation proposes to alter an existing crossing of a railroad pursuant to any section of the highway law.